Buyer Terms and Conditions

1. INTRODUCTION

Welcome to the TopMusicMarketplace located at https://topmusicmarketplace.com/ (“TMM”) which is owned and operated by TOPMUSIC.CO T/A TOP MUSIC EDUCATION PTY LTD (“TME”).

TMM is an online platform that offers a diverse range of music teaching resources for teachers of all levels, ages and abilities.

Please read these Terms & Conditions carefully. By accessing and using TMM as a User (as defined herein) you agree to be bound by these Terms & Conditions and our Privacy Policy located at https://topmusic.co/privacy-policy/. These Terms & Conditions constitute a legally binding agreement between you and TME (“Agreement”).

Top Music 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 TMM, without giving prior notice to Users. It is your responsibility to check the Terms & Conditions each time you use TMM.

2. DEFINITIONS

For the purpose of these Terms & Conditions the following definitions apply:

Account” means a TMM account set up by a User.

“Buyer” means a User that has purchased a Resource via TMM.

Checkout” means the process outlined in Clause 4.1.

“Data” means any data or information inputted by a User into TMM.

“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 TMM as a guest without an Account.

“Listing” means the listing on TMM that offers a Resource for purchase.

“Payment” means the amount payable to TME for the purchase of a Resource, including any Fees which may apply to a Sale.

Purchase Price” means the amount offered by the Seller, 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 TMM.

Salemeans the completed transaction between a Buyer and TME for the purchase of a Resource whereby TME has received Payment from the Buyer.

Usermeans any user of the TMM.

3. BUYER ACCOUNT

A User may choose to create a Buyer’s Account by completing the account sign up process via TMM 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 multiple shipping addresses, access to the Buyer’s order history, tracking of new orders, saving Resources to a wishlist, and receiving email updates on selected Resources and promotions/and or discounts offered on TMM.  

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 shipping details (if checking out as a Guest) and will select its shipping method. The User will then proceed to submit Payment through the applicable payment method.

  • A Listing will display;
  • where the Seller is not TME, the Seller of the Resource;
  • a description of the Resource;
  • any image necessary to represent the Resource;
  • any terms of use and/or licensing restrictions in using the Resource;
  • any software and/or other system requirements in using the Resource; and
  • the Seller’s refund or returns policy (if any) relating to the Resource, if the Seller is a third party;

(“Description”).

Where a Buyer purchases a Resource that has a promotion and/or discount applied it, a Buyer will be bound by to the promotion-specific terms in addition to these Terms and Conditions.

TME 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
  • the availability, quality, standard and/or functionality of the Resource owned by third party Sellers

5. PAYMENT

Payment will be made via credit card, Paypal and/or Shopify. Top Music 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 Paypal, Payment is subject to Paypal’s User Agreement which can be read here: https://www.paypal.com/au/webapps/mpp/ua/useragreement-full?locale.x=en_AU.

If Payment is made via Shopify, Payment is subject to Shopify’s Terms of Service which can be read here:   https://www.shopify.com.au/legal/terms-payments-us.

6. DELIVERY 

Once Payment has been received by Top Music, Resources will be made available to the Buyer through a link displayed after Checkout, via email and/or posted to the Buyer from the Seller according to the details provided in Checkout (“Delivery”).

  • TME 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

The Buyer may make a request to TME for a return of a Resource and/or a refund of monies from a Sale (“Refund Request”) within the Refund Period. TME will inform the Buyer within five (5) business days from the date of the Request on whether the Request is accepted by the Seller. If the Refund Request is accepted, TME will return the (full or partial) Purchase Price to the Buyer subject to the return of the Resource (if applicable) and/or the refund and returns policy of the respective Seller.

A return and/or refund for a Resource owned by TME is subject to TME’s Refund and Returns Policy located at https://topmusicmarketplace.com/pages/refund-policy.

8. CANCELLATIONS

The Buyer may make a request to TME to cancel the purchase of a Resource, such request will not be accepted if the Resource has been processed for Delivery.

If the Resource is not available for any reason, TME will notify the Buyer and return the Payment made using the payment method that was used to purchase the Resource. 

9. TERMINATION & SUSPENSION

If TME determines the Account holder is in breach of this Agreement, TME, 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, TME 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 TME.

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 TME as follows:
  • That all Data uploaded to TMM is current, true and accurate and does not contain any viruses, tracking software or other programming algorithms that interfere with TME’s privacy, data or computer systems;
  • Except for Resources owned by TME, the contract formed between the third party Seller and Buyer from a Sale is solely between the Buyer and such Seller and TME is not a party to such contract, nor does TME assumes any responsibility arising out of or in connection with such contract;
  • If the User is using TMM 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 TME 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 TMM and/or the Resource.

11. INTELLECTUAL PROPERTY RIGHTS

Except for third party Resources or otherwise stated, all other aspects of TMM is owned or controlled by TME 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 TMM.

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 TME.

12. INDEMNITY

The User hereby indemnifies TME 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 TME 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

TMM 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 TMM for a particular use, accessibility or warranties that access to or use of TMM will be uninterrupted or error-free. TME does not represent that TMM will be secure or free of viruses or other harmful material or elements, or that any Materials will be correct, accurate, timely or complete.

TME 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 TMM, 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 TME and/or the termination or suspension of the Account.

14. ASSIGNMENT

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 TME. TME 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 TMM shall be governed by and construed in accordance with the laws of Victoria, Australia. By accessing and using TMM, the User accepts that any dispute under these Terms & Conditions or arising out of access and/or use of TMM shall be subject to the exclusive jurisdiction of the Victorian Courts in Australia and by accessing and/or using TMM, 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 TMM.

16. GST

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 TME concerning the subject matter hereof and supersedes all prior agreements and understanding of User and TME 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.