Terms and conditions mdpiping.com

Effective from July 1, 2020

1. Website owner, the offering, and binding of Terms

This website is owned and operated by our website platform. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors access to bagpipe tutorials, lessons, music instruments, videos, audio files, digital downloads, digital lessons, digital workshops, forums, blogs and more. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

2. Who can use your website; what are the requirements to create an account

In order to use our website and/or receive our services, you must be the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
 

3. Key commercial Terms offered to customers
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. Additional information about pricing and sales tax is available on the payments page.

The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your payment method.


4. Return and refund policy
For any undamaged product which has been shipped to you, simply email us at info@mdpiping.com that you would like to return or exchange within 14 days of receiving your item. You will be responsible for all return shipment costs and we will exchange it or offer a refund based upon the original payment method through PayPal. In addition, please note the following: (i) Products can be returned only by shipping back to our address, PO Box 110, Southland Centre, VIC 3192 Australia after notifying us by email within 14 days of receiving your item; and (ii) the following products are not eligible for return: all digital downloads, digital audio files, digital photographs, digital videographer, physical books, bagpipe hemp, tone carvers, t-shirts and lanyards.

5. Retention of right to change offering

We may, without prior notice, change the services; stop providing the services or any features of the services we offer; or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
 

6. Warranties & responsibility for services and products
Products listed on our site mdpiping.com are not eligible for warranty. If a product is defective please email us at info@mdpiping.com with your concerns and we will get back to you as soon as possible.
 

7. Ownership of intellectual property, copyrights and logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Modern Piping (Lincoln Hilton and Heather Hilton). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.

8. Right to suspend or cancel user account
We may permanently or temporarily terminate or suspend your access to the service without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

9. Indemnification
You agree to indemnify and hold Modern Piping harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

10. Limitation of liability
To the maximum extent permitted by applicable law, in no event shall Modern Piping, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

To the maximum extent permitted by applicable law, Modern Piping assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.


11. Right to change and modify Terms
We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

12. Promotional emails and content
You agree to receive from time to time promotional messages and materials from us, by mail, email or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please just notify us at any time.

13. Preference of law and dispute resolution
These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of Australia, Victoria, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Australia, Victoria. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.

14. Customer support details & contact info
For customer support, please email info@mdpiping.com.

15. Provisions recommended for websites with user communities
Our Services offer publicly accessible blogs, communities and support forums. Please be aware that any Personal Information you provide in any such areas may be read, collected, and used by others who access them. To request removal of your Personal Information from our blogs, communities or forums, feel free to contact us at: info@mdpiping.com. In some cases, we may not be able to remove your Personal Information from such areas. For example, if you use a third party application to post a comment (e.g., the Facebook social plugin application) while logged in to your related profile with such third party, you must login into such application or contact its provider if you want to remove the Personal Information you posted on that platform.

In any event, we advise against posting any Personal Information (via any means) you don’t wish to publicize.

If you upload any user content to your User Account or post it on your User Website and provide it in any other way as part of the use of any Service, you do so at your own risk.
Our platform has put adequate security measures in place to protect your Personal Information.  However, we cannot control the actions of other Users or members of the public who may access your User Content, and are not responsible for the circumvention of any privacy settings or security measures you or we may have placed on your User Website (including, for instance, password-protected areas on your User Website). You understand and acknowledge that, even after its removal by you or us, copies of User Content may remain viewable in cached and archived pages or if any third parties (including any of your Users-of-Users) have copied or stored such User Content. To clarify, we advise against uploading or posting any information you do not wish to be public.


 

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