Terms & Conditions
1. About these Terms
1.1 These terms and conditions (“Terms”) govern the use by you of the website www.amati.com (the “Website”) and all services available through the Website (the Website and the services available through it are referred to collectively in these Terms as the “Services”).
1.2 By accessing the Services and/or, if you register and create an account, by checking the “I have read and agree to the Terms and Conditions” box on the Website, you are agreeing to these Terms and enter into a legally binding contract with Amati Register LLP, a company incorporated in England and Wales with registered office at 2nd Floor, 85 Frampton Street, London, NW8 8NQ, United Kingdom and with registered number OC373938 (“we”, “us”).
1.3 You may not use the Services if you are under the age of 18 years old. By agreeing to these Terms and using the Services, you represent that you are at least 18 years old.
1.4 If you do not agree to these Terms you may not use the Services.
1.5 We may, at our sole discretion, modify or replace these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms and/or, when you log into your account, by checking the “I have read and agree to the Terms and Conditions” box on the Website, constitutes your acceptance of such changes. If you do not agree to such changes, you should stop using the Services.
1.6 These Terms were last updated on 30 March 2012.
2. The Services
2.1 The Services enable users to:
(a) identify themselves where appropriate as a buyer, dealer or maker of musical instruments (collectively referred to in these Terms as “Instruments”);
(b) post notices on the Website offering to sell Instruments;
(c) browse notices on the Website posted by other users of the Services offering to sell Instruments; and
(d) make contact with other users of the Services to facilitate sales of Instruments.
We may in future add new Services, in which case these will be explained on, and made available via, the Website.
2.2 The Services enable users to contact, and be contacted by, other users of the Services, to arrange sales of an Instrument or Instruments. However, we are not involved with, and the Services do not provide the facility to make, any such transactions, including processing any payments relating to such transactions.
2.3 The Services are currently free to use, however, we may, in our sole discretion, choose to charge for certain aspects of the Services, in which case such charges will be set out on the Website.
2.4 We reserve the right at any time to modify, suspend or discontinue, temporarily or permanently, the Services (or any part of the Services) for any reason with or without notice. If we modify, suspend or discontinue any of the Services which you have paid to receive, and which we have not yet supplied in full, we will give you a pro rated refund equal to the portion of the Services which you have paid for but not yet received. You agree that we shall not otherwise be liable to you or to any third party for any loss caused by modification, suspension or discontinuance of the Services.
3. Content ownership
3.1 As between us and you, and subject to these Terms, you will own all material, including information, data, text, graphics, images and other content (collectively, “Content”) you provide to us and/or others while using the Services (“your Content”).
3.2 You agree that all Content, other than your Content, contained in or delivered via the Services or otherwise made available in connection with the Services (collectively, “our Content”) is owned by us or our licensors and is protected by copyright, trade mark and/or other intellectual property and other proprietary rights and laws. You shall use our Content exclusively for purposes that are permitted by these Terms and any applicable laws and regulations. Any rights not expressly granted in these Terms are reserved.
3.3 You agree and acknowledge that the AMATI trade mark is our property and agree not to challenge either our ownership or use of the AMATI name or our registration of the AMATI trade mark (except on the basis of non-use).
4. Use of the Services
4.1 Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, revocable right and licence to access and use the Services in accordance with these Terms.
4.2 You shall not, and shall not permit anyone else, directly or indirectly, to use the Services to offer for sale any Instrument which
(a) it would be unlawful for you to sell;
(b) infringes any rights, including any intellectual property rights, of any third party (such as counterfeit or replica Instruments); and/or
(c) has been produced in a factory as part of a mass distribution of similar Instruments. (The purpose of the Services is to facilitate sales of Instruments made by individual craftsmen trained in the art of making such Instruments and all Instruments offered for sale using the Services must have been made by such craftsmen).
4.3 You shall only offer for sale an Instrument which you own outright or are otherwise entitled to dispose of free of all charges, encumbrances and adverse rights.
4.4 You shall supply any Instrument, which you have agreed to supply to any other user of the Services, in accordance with the terms on which you have agreed to supply such Instrument and, in any event, within a reasonable period after agreeing to supply such Instrument.
4.5 You shall not, and shall not permit anyone else, directly or indirectly, to:
(a) modify or reproduce any part of the Services or our Content;
(b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services, unless permitted by law; or
(c) engage in any activity whatsoever that interferes with, or disrupts, the functionality of the Services.
4.6 You acknowledge and agree that:
(a) we take no responsibility for the Instruments offered by users of the Services; and
(b) it is your responsibility to satisfy yourself, before buying any Instrument, that:
(i) such Instrument is in a satisfactory condition and is safe to use; and
(ii) the user of the Services who is selling to you such Instrument is permitted, under applicable law and regulation, to supply such Instrument to you.
5. Your Content
5.1 You acknowledge and agree that:
(a) your Content will be true, accurate, current and complete and not misleading in any way; and
(b) you will maintain and update your Content to keep it true, accurate, current and complete and not misleading in any way.
5.2 You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable right and licence, without compensation to you or any other provider of your Content, to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your Content, in whole or in part, in any media, for any purposes relating to our business or any other purposes.
5.3 You represent and warrant that you have all rights, power and authority necessary to grant the licence under paragraph 5.2, and that all your Content: (a) does not infringe the rights of any third party and (b) complies with all applicable law and regulation.
5.4 You acknowledge and agree that you are liable for all of your Content, in whatever form. You agree not to use the Services to upload, post, email or otherwise make available any of your Content that:
(a) is unlawful, harmful, threatening, harassing, defamatory, obscene, libellous, invasive of another’s privacy, or infringes upon another person or entity’s rights, such as another person or entity’s intellectual property rights;
(b) involves impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity;
(c) you do not have a right to make available; or
(d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
5.5 You acknowledge that we are not responsible for and do not check or verify your Content or any other Content provided or made available by any other users of the Services (although we reserve the right to monitor, alter, edit, or remove any of your Content, in whole or in part, at any time). You acknowledge and agree that we may store your Content and may also disclose your Content for any reason if we deem this to be necessary (under law or for any other reason).
5.6 You acknowledge and agree that we may, in our sole discretion, remove and discard any or all of your Content from the Services at any time for any reason, including if you and/or any of your Content is, or we have reasonable grounds to suspect is, in breach of these Terms.
6. Account, password and security
As part of using the Services, you may create an account, with a username and password. You are responsible for maintaining the confidentiality of your password and access to your account, and are responsible for all activities that occur under your account, including use of your account by third parties. You agree to immediately notify us of any unauthorised use of your account or of any other breach of security. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this paragraph 6 or from any unauthorized access to or use of your account.
7.1 If we choose to charge for any aspect of the Services, in accordance with paragraph 2.3, our fees will be set out on the Website. While we will try hard to ensure that all fees displayed on the Website are correct and up to date at the time you place an order, it is possible that an occasional mistake may be made. We may refuse any order if the applicable fees are obviously incorrect or where some other clear error has been made. All fees are inclusive of all sales and other taxes unless otherwise stated.
7.2 You must: make the appropriate payment by credit or debit card or other payment mechanism approved by us and made available through the Website; and provide us and/or our payment service providers with the necessary information for your payment to be processed. You confirm that the payment card or account used by you is yours or that you are authorised to use such card or account and there are sufficient funds or credit facilities to cover the payment.
7.3 You will be given the opportunity to correct any input errors in your payment details prior to completing your order.
7.4 You may not be able to access the Services for which we have chosen to charge until we have completed any validation checks described in paragraph 7.5 and we have -received payment in full.
7.5 All credit/debit/charge card and other payment service transactions may be subject to validation checks and authorisation by the relevant card and service providers. If your card issuer/payment service provider refuses to authorise payment to us, we will not be liable for any delay or non-acceptance of orders made by you through the Website.
7.6 We reserve the right to require proof of identification and age before processing any order made through the Website.
8. Suspension and termination
8.1 You acknowledge and agree that we may, in our sole discretion, on written notice to you, suspend or terminate your account and/or your access:
(a) to the Services (other than any aspect of the Services for which we have chosen to charge, in accordance with paragraph 2.3) at any time for any reason and without notice to you;
(b) to the Services for which we have chosen to charge, in accordance with paragraph 2.3, if you have, or we reasonably believe that you have:
(i) failed to maintain accurate or current information; and/or
(ii) otherwise breached these Terms and failed to remedy such breach within 7 days of us notifying you in writing of such breach.
8.2 You agree that we shall not be liable to you or to any third-party for any suspension and/or termination of your right to use or otherwise access the Services.
8.3 You may stop using the Services at any time.
9. Compensating us for your breach of these Terms
You shall compensate us in full in respect of any losses, liabilities, damages, expenses or costs (including legal fees and expenses), arising from or in connection with any third party claim, suit or proceeding brought against us which arises out of, results from or is related to any breach by you of these Terms.
We will supply the Services using reasonable skill and care but we make no other representations, warranties or guarantees, whether express or implied, with respect to the Services including:
(a) that access to the Website will be uninterrupted or error-free;
(b) that the Website or the computer server from which the our Website is made available, are free of viruses or other harmful components; and
(c) to the accuracy, content, timeliness, completeness, reliability, quality or suitability of any Content contained in or delivered via the Services or otherwise made available in connection with the Services.
11. Linking to and from Third Party website(s)
11.1 From time to time, the Website may include links to third party websites. These links are provided for your convenience only and do not signify that we endorse such third party websites.
11.2 We do not review such third party websites and you acknowledge and agree that:
(a) we are not responsible for such websites, including the terms on which such websites are made available and the privacy policies of such websites, and do not control their content or availability;
(b) we make no representation, warranty or condition, either express or implied, in relation to any goods or services or information received from such websites; and
(c) if you access any such websites, you do so entirely at your own risk.
11.3 You may include links to the Website on another website providing you acknowledge and agree to the following:
(a) we are not liable to you for any loss you suffer as a result of such links;
(b) we do not promise that the Website will be continuously available (and therefore such links may not always work);
(c) you will not insert such links on any website which contains any content which is illegal, infringes any rights, such as the intellectual property rights, of any third party or contains any adult content; (d) our consent to such links does not constitute any grant of any rights in the Website to you or any third party; and
(e) we reserve the right to object to any such links and require you to remove them.
12. Limitation Of Liability
12.1 To the maximum extent permissible in law, we exclude all liability for any indirect, additional or consequential loss or any kind however incurred by you, arising in connection with these Terms.
12.2 Our liability to you under these Terms in relation to the Services (other than any aspect of the Services for which we have chosen to charge, in accordance with paragraph 2.3), is limited to £100.
12.3 If you order one of the Services for which we have chosen to charge, in accordance with paragraph 2.3, our liability to you under these Terms, in respect of such Services, is limited to the total amount paid by you to us for such Services in the calendar month in which the liability arises.
12.4 Nothing in these Terms excludes or limits our liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) breach of any obligation implied by statutory law which cannot lawfully be excluded.
14.1 Notices to you may be sent via either email or regular mail to the address you have provided to us.
14.2 Any notice from you to us shall be sent in writing to us at the address set out in paragraph 1.2 above.
15.1 These Terms contain the entire agreement between us and you relating to the Services and supersede any previous agreements, arrangements, undertakings or proposals, whether written or oral, between us and you relating to the Services. You confirm that you have not been induced to enter into a contract on these Terms by any prior representations, whether written or oral, except as specifically reproduced in these Terms and you hereby waive any claim for breach of any such representations which are not specifically reproduced in these Terms.
15.2 We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We can only do this if it does not affect your rights under these Terms. You may not assign, sub-contract and/or otherwise transfer your rights or obligations under these Terms to anyone else except with our written consent.
15.4 If you fail to comply with these Terms and we take no action against you, we will still be entitled to enforce our rights against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.
15.5 All or any part of any term of these Terms that is found to be unfair or unenforceable by a court of competent jurisdiction will be treated as deleted and the remainder of the Terms will continue to govern each of our respective obligations.
15.6 English is the only language in which these Terms are offered.
15.7 These Terms are governed by and interpreted in accordance with the laws of England and Wales (or the laws of Scotland or Northern Ireland if you live there). If you choose to bring proceedings in connection with these Terms you must do so in the courts of England and Wales, unless you live in Scotland, in which case you can choose to bring proceedings there, or in Northern Ireland, in which case you can choose to bring proceedings there.