www.stringkings.com.au

Effective date: 26 August 2020

  1. Introduction

Welcome to the String Kings website which is located on www.stringkings.com.au (“Site” or “Website”).

This website is owned and operated by String Kings from Australia. Throughout the Site, the terms “we”, “us”, “String Kings”, “marketplace”  and “our” refer to String Kings. We offer this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something through our Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all the products and services supplied by String Kings and users of the site, including without limitation users who are browsers, buyers, sellers and/ or contributors of content.

PLEASE READ THE FOLLOWING TERMS AND DISCLAIMERS CAREFULLY BEFORE USING THE SERVICES. 

By accessing or using our Services, you agree to these Terms, conditions, and all applicable laws. If you do not agree with these Terms, or any other of our policy, you should not use the Services.

  1. General Information – String Kings 
  • What we do. Australia’s 1st Guitar Gear Only Marketplace – We have created the very first Guitar Gear only marketplace in Australia that allows you to Buy, Sell or just Trade your own gear with our Aus-Wide Guitar Community. To find out more information about what we do, please refer to our website.
  • Descriptions. The pictures of the products (and packaging) on our website are for illustrative purposes only. We work to ensure that colors are displayed accurately but we can’t guarantee that a device’s display of the colors exactly reflects those of our products.
  • Sole discretion. We reserve the right to add/discontinue any product or service anytime at the sole discretion and without notice.
  1. Eligibility

The purchase of products through String Kings is strictly limited to parties who can lawfully enter into and form contracts on the Internet. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.

By making an offer to purchase products you expressly authorise us to perform credit checks and where String Kings feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your credit/debit card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit/debit card, to obtain an initial credit/debit card authorisation and to authorise individual purchase transactions.

String Kings reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.

  1. Orders

All orders are subject to acceptance and availability, and items selected are not reserved and may be purchased by others. Once you have placed your order on the Site, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order. Acceptance of your order will be perfected upon completion of the packing of your order unless you cancel your order. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party because of our withdrawing any product from the Site or refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

  • Fees and Services 

Using the Services and ad-listing is generally free. We may sometimes charge a fee for certain features or Services. If the feature you use incurs a fee, you will be able to review and accept that charge before purchase. If you choose to pause an ad at any stage, any features you have applied to your ad will not be paused. Our fees are quoted in Australian Dollars, and we may sometimes change them. We’ll notify you of changes to our fees by posting the changes on the site. We may sometimes temporarily change our fees for testing purposes, promotional events or new features, these changes take effect from the time the price change is posted to the site. Our fees are non-refundable after the feature is supplied, and you are responsible for paying them when they are due. If you don’t, we may limit your ability to use the Services. If your payment method fails or your account is past due, we may collect fees owed using collection mechanisms, including third party debt collection services. Australian taxes associated with our Services will be collected where applicable.  You agree to provide accurate information necessary for String Kings to comply with our obligations under applicable law.  You are solely responsible for collecting and remitting any applicable taxes resulting from the sale of your items or services listed on String King’s Services.

  1. Payment

We accept all major payment methods which include:

  • Visa
  • MasterCard
  • Any other payment method displayed on our website.
  • Buyer/Seller Risk

Although our goal is to provide a safe environment to buy, sell and trade guitar gear, it is inevitably up to the user to control their own risk measures when engaging in a deal with another user. String Kings shall not be responsible or liable for any issues, complaints or disagreements between users buying, selling and trading on the String Kings marketplace platform. It is solely up to the buyer, seller or trader to do all necessary due diligence prior to making a deal or agreement with another buyer, seller or trader. The responsibility and liability of any transaction made between String Kings Marketplace buyers, sellers or traders falls solely on those parties. Any disputes will not be handled by String Kings and we reserve the right to not respond to or act upon any matter brought to our attention. It is up to the seller to provide accurate descriptions of their items to the best of their ability. If an item is not as described, String Kings will not be responsible or liable. If a seller has been deemed (at the discretion of String Kings) to have a blatantly dishonest or misleading advert, the user will be removed and all listings deleted. String Kings reserves the rights to approve, cancel or delete ads at their discretion at any time, without notice or reason.

  • Disputes and Release 

If you have a dispute with one or more String Kings user, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.  

  • Shipping

Please provide the correct/exact address when placing an order. String Kings uses a tracked shipping service.Please note that any incorrect details of the shipping address will often result in returning the parcel to the sender, in which case you will be charged for re-delivery. String Kings will not be responsible for the courier company for any misplaced or unclaimed parcels

String Kings is not responsible for delays outside its control and caused by the shipping/courier company. If delivery of the products to you is delayed by an event outside our control (e.g. because of postal/courier delays, logistics or bad weather), we’ll let you know as soon as possible.

The risk of loss for products passes to buyer upon the delivery to the carrier and the Third-Party. 

  1. Trading Items

The Seller warrants to only sell and trade guitar and guitar gear only through this marketplace.  The items be of merchantable quality and fit for the purpose(s) intended; and are not damaged in any way and or not described correctly. If a Buyer reports a damaged product, it may be shipped to the Seller at the Seller’s cost unless the Seller. All sellers are required to satisfy the Buyers in case of such a dispute of providing an unfit/damage product by either giving a refund or an exchange. String Kings reserves the right to delist the Seller and to terminate the relationship with the Seller based on poor quality assessment.

  1. Permitted use 

You agree to use the Site and the Services only for purposes that are permitted by these Terms of Use and in compliance with all applicable laws, regulations, and generally accepted practices or guidelines in the relevant jurisdictions. You may only use the Site and Services for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use, and no other purposes.

You will not (and will not attempt to):

  1. Access any of the Services by any means other than through the interface that is provided by String Kings;
  2. Gain unauthorised access to String Kings’s computer system or engage in any activity that interferes with the performance of, or impairs the functionality or security of the Site, the Services, String Kings’s networks, and computer systems;
  3. Access any of the Site or the Services through any automated means or with any automated features or devices (including use of scripts or web crawlers);
  4. Access or collect any personally identifiable information, including any names, email addresses or other such information for any purpose, including, without limitation, commercial purposes;
  5. Reproduce, duplicate, copy, sell, trade, or resell any aspect of the Site or the Services for any purpose; and
  6. Reproduce, duplicate, copy, sell, trade or resell any products or services bearing any trademark, service mark, trade name, logo or service mark owned by String Kings in a way that is likely or intended to confuse the owner or authorised user of such marks, names or logos.
  7. Abusing String Kings Services

String Kings works to keep the Services working properly and the community safe. Please report problems, offensive content and policy breaches to us using the reporting system. You are solely responsible for all information that you give to String Kings and any consequences that may result from your posts. We can at our discretion refuse, delete or take down content that we think is inappropriate or breaching these Terms of Use. We also can at our discretion restrict a user’s usage of the Services either temporarily or permanently, or refuse a user’s registration. Without limiting other remedies, we may issue warnings, limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off the Services if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we take any of these steps, we don’t accept any liability for monitoring the Services or for unauthorized or unlawful content on the Services or use of the Services by users. You also accept that String Kings is not under any obligation to monitor any data or content which is submitted to or available on the Services.  ​​​

  1. Discount Codes

We may provide promotional codes offering a discount on our product. Promotional codes cannot be used on past purchases. Promotional codes are non-transferable and there is no cash alternative. Furthermore, they cannot be used in conjunction with any other promotional code or offers and must be used by the date published, if any. Only one promo code can be used at checkout. We reserve the right at any time without notice to retract and/or change the terms of promotional codes.

  1. Limited License and Site Access; Acceptable Use

We grant you a limited license to use the Site for personal non-commercial use only. You may not: (a) resell or make any commercial use of this Site or any of the contents of this Site; (b) modify, adapt, translate, reverse engineer, decompile, disassemble or convert any of the contents of this Site not intended to be so read; (c) copy, imitate, mirror, reproduce, distribute, publish, download, display, perform, post or transmit any of the contents of this Site in any form or by any means; or (d) use any data mining, bots, spiders, automated tools or similar data gathering and extraction methods on the contents of the Site or to collect any information from the Site or any other user of the Site.

You use this Site at your own risk. You agree that you will be personally responsible for your use of this Site and all of your communication and activity on this Site. If we determine, in our sole discretion, that you engaged in prohibited activities, were not respectful of other users, or otherwise violated the Terms and Conditions, we may deny you access to this Site on a temporary or permanent basis and any decision to do so is final.

  1. Accounts, Registrations, and Passwords

If you use this Site and such use requires setting up an account and/or password(s), you are solely responsible for maintaining the confidentiality of your account and password(s) and for restricting access to your computer.  If you open an account, register, or otherwise provide us with any information, you agree to provide us with current, complete, and accurate information as requested by any forms. String Kings is not responsible for any errors or delays in responding to any inquiry or request caused by any incorrect, outdated, or incorrect information provided by you or any technical problems beyond the control of String Kings. You acknowledge and agree that any login, identifier, or password issued in connection with this Site (each a “Password”) is confidential information and must be kept secure. You may not disclose such a Password to another person or entity or permit another entity to access the Site using such a Password. You must notify String Kings immediately of any breach of security or unauthorised use of your account. String Kings cannot be responsible and disclaims all liability in connection with, the use of any information that you post or display on this Site.

  1. Intellectual Property Rights

Your use of the Site and its contents grants no rights to you concerning any copyright, designs, and trademarks and all other intellectual property and material rights mentioned, displayed, or relating to the Content (defined below) on the Site.  All Content, including third party trademarks, designs, and related intellectual property rights mentioned or displayed on this Site, are protected by national intellectual property and other laws. Any unauthorised reproduction, redistribution or other use of the Content is prohibited and may result in civil and criminal penalties. You may use the Content only with our prior written and express authorisation. To inquire about obtaining authorisation to use the Content, please contact us at  theteam@stringkings.com.au

Do not post content that infringes the rights of third parties. This includes, but is not limited to, content that infringes on intellectual property rights such as copyright and trademark (e.g. offering counterfeit items for sale). We can remove content where we have grounds for suspecting the violation of these terms, our policies or of any party’s rights. If you have a good faith belief that a listing on any of the Services infringes your copyright, trademark, or other intellectual property rights, all you need to do is send us an email. Only the intellectual property rights owner can report potentially infringing items or listings through String King’s Program. 

In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio, or text on the Site.

  1. Monitoring Activity

String Kings has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. String Kings has no obligation to display or post any content. String Kings shall have no liability in connection with any content or content submitted to, transmitted via, or displayed or posted on this Site, regardless of whether provided by String King

s or any other party.

  1. Disclaimer

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, STRING KINGS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE AS TO THE SITE AND ITS CONTENT, INCLUDING THE INFORMATION, DATA, SOFTWARE, OR PRODUCTS CONTAINED THEREIN, OR THE RESULTS OBTAINED BY THEIR USE OR AS TO THE PERFORMANCE THEREOF, (B) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING, AND (C) WARRANTIES OR CONDITIONS OF UNINTERRUPTED OR ERROR-FREE ACCESS OR USE. THE SITE AND ALL CONTENTS THEREIN AND COMPONENTS THEREOF ARE PROVIDED ON AN “AS IS” BASIS AND YOUR USE OF THE SITE IS AT YOUR OWN RISK. STRING KINGS ACCEPTS NO LIABILITY FOR ANY CONTENT PRINTED ON ANY GARMENT, THIS IS THE SOLE RESPONSIBILITY OF THE SPORTS CLUB OR PURCHASER THAT HAS PLACED THE ORDER AND APPROVED ARTWORK WITH STRING KINGS.

  1. Limitation of Liability

You agree that in no event shall String Kings be liable to you, or any third party, for any lost profits, incidental, consequential, punitive, special, or indirect damages arising out of or in connection with the Site or the Terms and Conditions, even if advised as to the possibility of such damages, regardless of whether the claim for such damages is based in contract, tort, strict liability or otherwise. This limitation on liability includes, but is not limited to, any (i) errors, mistakes, or inaccuracies in any Content or for any loss or damage of any kind incurred by you as a result of your use of or reliance on the Content; (ii) the transmission of any bugs, viruses, Trojan horses or the like which may infect your equipment, failure of mechanical or electronic equipment; (iii) unauthorised access to or use of the Site or String Kings’ secure servers and/or any personal information and/or financial information stored therein; or (iv) theft, operator errors, strikes or other labor problems or any force majeure.

  1. Indemnification

You agree to indemnify and hold String Kings and its subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against any suit, action, claim, demand, penalty or loss, including reasonable attorneys’ fees, made by or resulting from any third party due to or arising out of your use of the Site, breach of the Terms and Conditions or the materials it incorporates by reference, or your violation of any law, regulation, order or other legal mandates, or the rights of a third party.

  1. Dispute Resolution & Governing Laws

In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.

These Terms and Conditions shall be governed by and construed in accordance with the law of Australia and you hereby submit to the exclusive jurisdiction of the Australian courts.

  1. Children

You may not use or engage with our website if you are under 16 years of age.  If you use or engage with the website and are under 16 years of age, you must have your parent’s or legal guardian’s permission to do so.  By using or engaging with the website, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the website.

  1. Changes

We reserve the right to update and revise these Terms and Conditions at any time. You will know if these Terms and Conditions have been revised since your last visit to the website by referring to the “Effective Date of Current Policy” date at the top of this page. Your use of our Site constitutes your acceptance of these Terms and Conditions as amended or revised by us from time to time, and you should, therefore, review these Terms and Conditions regularly.

  1. Electronic Communications

When you visit the Site or send us e-mails, you are communicating with us electronically. In so doing, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication is in writing.

  1. Severability

If any of these Terms and Conditions shall be deemed invalid, void, or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms or conditions.

  1. Assignment

We shall be permitted to assign, transfer, or subcontract our rights and obligations under these terms without your consent or any notice to you. You shall not be permitted to assign, transfer, or subcontract any of your rights and obligations under this agreement.

  1. Force Majeure

String Kings is not liable for any delays caused by circumstances beyond String Kings’s control, e.g. general labor dispute, extreme weather, acts of war, fire, lightning, terrorist attacks, changed governmental orders, technical problems, defects in power- /tele-/computer communications or other communication and defects or delays in the service by sub-suppliers due to circumstances set forth above. Such circumstances shall result in relief from damages and other measures. If any such situation should arise, String Kings shall inform the Customer accordingly both at the beginning and the end of the period for the current situation. If the situation has lasted for more than two months, both the Customer and String Kings are entitled to terminate the purchase with immediate effect.

  1. Entire Agreement

These Terms and Conditions set forth the entire understanding and agreement between you and String Kings concerning the subject matter herein and supers all prior or contemporaneous communications and proposals, whether electronic, oral or written concerning the Site. A printed version of these Terms and Conditions and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You may not assign the Terms and Conditions, or assign, transfer or sublicense your rights therein. A failure to act concerning a breach by you or others does not waive String Kings’s right to act concerning subsequent or similar breaches.

  1. Term and Termination

This agreement becomes effective the date that you first access the Site and remains effective until it is terminated consistent with its terms. Violations of this agreement may result in the immediate termination of this agreement and denials or terminations of your access to the Site. Such restrictions may be temporary or permanent. Upon termination, your right to use this Site shall be revoked. Upon the revocation of the right to use the Site, you shall destroy, or cause to have destroyed any and all copies of information you have obtained from the Site. All disclaimers, limitations of liability, indemnities, and rights of ownership and licenses to String Kings shall survive any termination.

  1. Contact Us

For any questions, complaints, and queries or to report any violations, kindly get in touch:

STRING KINGS
Email: theteam@stringkings.com.au