Terms of Use

Introduction

Welcome to NoteR Groove! These Terms of Use ("Terms") govern your use of our website, services, and products (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.

NoteR Groove reserves the right to update or modify these Terms at any time without prior notice. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.

Eligibility

By using our Services, you represent and warrant that:

• You are at least 18 years of age or have reached the age of majority in your jurisdiction
• You have the legal capacity and authority to enter into a binding agreement
• You are not barred from using our Services under applicable laws
• You will comply with all applicable laws and regulations when using our Services

Account Registration

To access certain features of our Services, you may be required to register for an account. When registering for an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Be fully responsible for all activities that occur under your account
• Immediately notify NoteR Groove of any unauthorized use of your account

NoteR Groove reserves the right to refuse registration, terminate accounts, or cancel orders at its sole discretion.

Membership Plans

NoteR Groove offers various membership plans with different features and benefits. By subscribing to a membership plan, you agree to:

Subscription Terms

• Pay all applicable fees for the selected membership plan
• Provide accurate payment information
• Keep your payment information up to date
• Authorize NoteR Groove to charge your payment method for the subscription fees

Billing and Renewal

• Membership fees are billed in advance on a monthly or annual basis, depending on the selected plan
• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time through your account settings
• Cancellations take effect at the end of the current billing period
• Refunds are not provided for partial months or unused portions of a subscription

Membership Benefits

Membership benefits vary by plan and are subject to change. NoteR Groove reserves the right to modify, suspend, or discontinue any membership benefits at any time without prior notice.

Product Purchases

NoteR Groove offers various musical instruments and accessories for purchase. By purchasing products from us, you agree to:

Order Acceptance

Your receipt of an electronic order confirmation does not signify our acceptance of your order. NoteR Groove reserves the right at any time after receipt of your order to accept or decline your order for any reason.

Pricing and Payment

• All prices are listed in Australian Dollars (AUD) and are inclusive of GST
• NoteR Groove reserves the right to change prices at any time without notice
• Payment must be made in full before products are shipped
• We accept payment by credit card, debit card, and other specified payment methods

Shipping and Delivery

• Products are shipped to the address provided during checkout
• Delivery times are estimates and not guaranteed
• Risk of loss passes to you upon delivery of the products to the shipping carrier
• International shipping may be subject to additional fees, taxes, and duties

Returns and Refunds

• Products may be returned within 14 days of delivery for a refund or exchange
• Products must be in their original condition and packaging
• Return shipping costs are the responsibility of the customer
• Custom or personalized products are not eligible for return or refund

Events and Workshops

NoteR Groove organizes various events and workshops for its members. By registering for or attending an event or workshop, you agree to:

• Comply with all rules and guidelines provided for the event
• Conduct yourself in a respectful and appropriate manner
• Refrain from any disruptive or illegal activities
• Grant NoteR Groove the right to use photographs, videos, or recordings of you for promotional purposes

NoteR Groove reserves the right to refuse admission or remove any person from an event for any reason, including but not limited to violation of these Terms or disruptive behavior.

User Conduct

When using our Services, you agree not to:

• Use the Services for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Upload or transmit viruses, malware, or other malicious code
• Engage in any activity that could disable, overburden, or impair the Services
• Attempt to gain unauthorized access to the Services or related systems
• Harass, abuse, or harm other users or NoteR Groove staff
• Impersonate any person or entity or falsely state your affiliation with any person or entity
• Collect or store personal information about other users without their consent

Intellectual Property

All content, features, and functionality of the Services, including but not limited to text, graphics, logos, images, audio clips, and software, are the exclusive property of NoteR Groove or its licensors and are protected by Australian and international copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works of, publicly display, or perform any content from the Services without prior written permission from NoteR Groove.

Disclaimer

The Services are provided on an "as is" and "as available" basis. NoteR Groove makes no representations or warranties of any kind, express or implied, as to the operation of the Services or the information, content, materials, or products included on the Services.

NoteR Groove disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Limitation of Liability

In no event shall NoteR Groove, its directors, employees, or affiliates be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses.

In no event shall NoteR Groove's total liability to you for all damages exceed the amount paid by you, if any, for accessing or using the Services during the twelve (12) months preceding the event giving rise to the claim.

Indemnification

You agree to indemnify, defend, and hold harmless NoteR Groove and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, fees, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any third-party rights.

Termination

NoteR Groove may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including but not limited to breach of these Terms.

Upon termination, your right to use the Services will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Victoria, Australia, without regard to its conflict of law principles.

Any legal action of whatever nature brought by either you or NoteR Groove shall be commenced or prosecuted in the state and federal courts located in Melbourne, Victoria, Australia, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts.

Dispute Resolution

In the event of any dispute arising out of or related to these Terms or the Services, the parties shall first attempt to resolve the dispute through good faith negotiations.

If the dispute cannot be resolved through negotiations, it shall be referred to and finally resolved by arbitration in Melbourne, Victoria, Australia, in accordance with the Australian Centre for International Commercial Arbitration (ACICA) Rules. The arbitration shall be conducted in English.

Miscellaneous

These Terms constitute the entire agreement between you and NoteR Groove regarding the use of the Services and supersede all prior agreements, communications, and proposals, whether written or oral.

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

NoteR Groove's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

You may not assign or transfer these Terms or your rights under these Terms without the prior written consent of NoteR Groove.

Contact Us

If you have any questions about these Terms of Use, please contact us:

Email: [email protected]
Phone: +61 3991793163
Address: 37 Rock Street, Melbourne, VIC 3000, Australia