Website Terms and Conditions

Introduction

 

  • Welcome to Melodica Music Store website (https://melodicamusicstore.com). This website (the “Website”) is provided by Melodica Music and Dance Centre LLC, as a service to its customers.
  • These Terms and Conditions apply to the supply, to the customer, of products and services listed in the online shop found on the website https://melodicamusicstore.com/. Please read these terms and conditions along with the Terms and Conditions of Sale and all related policies carefully, before ordering any product(s)/service(s) from the website. 
  • The customer should understand that the use of the website or the information contained within the website or by ordering any of our product(s)/services(s), the customer is agreeing to be bound by these Terms and Conditions.
  • Melodica Music Store in its sole discretion, reserves the right to change these terms and conditions at any time without notice, although any changes will be posted on the website.
  • By browsing the website, the customer accept that the customer is bound by these Terms and Conditions and we therefore recommend that the customer check these Terms and Conditions each time the customer visit the website.

 

8.2        Terms of Use

 

  • Use of the Website is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" as per local Contract Acts are not eligible to use the Website.  If the customer is a minor the parents or legal guardians can transact on behalf of the customer if they are registered users/members.

  • Melodica Music Store reserves the right to terminate the membership and refuse to provide the customer with access to the website if Melodica Music Store discovers that the customer is "incompetent to contract". The Website is not available to persons whose membership has been suspended or terminated by Melodica Music Store for any reason whatsoever.
  • If the customer is registering as a business entity, the customer represent that the customer has the authority to bind the entity to this User Agreement.
  • Those who choose to access this Website from outside Dubai are responsible for compliance with local laws if and to the extent local laws are
applicable. Melodica Music Store will deliver the products only within its jurisdiction and will not be liable for any claims relating to any products ordered from outside its jurisdiction.

  • Except where additional terms and conditions are provided which are product specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Melodica Music Store the customer agree to be bound by the Terms and Conditions.

 

8.3        Objectionable Material

 

  • The customer understands that by using the Website or any services provided on the Website, the customer may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such.
  • The customer agrees to use the Website and any service at the sole risk and that to the fullest extent permitted under applicable law, Melodica Music Store and its affiliates shall have no liability to the customer for content that may be deemed offensive, indecent, or objectionable to the customer.

 

8.4        User Agreement

 

  • If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
  • Unless otherwise specified herein, this agreement constitutes the entire agreement between the customer and Melodica Music Store with respect to the Website/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the customer and Melodica Music Store with respect to the Website /Services.
  • Melodica Music Store failure to act with respect to a breach by the customer or others does not waive its right to act with respect to subsequent or similar breaches.

 

8.5        Indemnity

 

  • The customer agrees to defend, indemnify and hold harmless Melodica Music Store, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon the actions or inactions, which may result in any loss or liability to Melodica Music Store or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of the obligations under this User Agreement or arising out of the violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

8.6        Intellectual property

 

  • All copyright, trademarks and other intellectual property rights in all material, content or software supplied as part of our Website, including emails or any other form of communication with the customer is protected by international copyright and database right laws and shall remain at all times vested in Melodica Music Store or, where relevant, its franchisors/licensors.
  • The customer is permitted to use this material only as expressly authorised by Melodica Music Store or its franchisors/licensors. The customer may not extract and/or utilise the whole or any part the Website without our express written consent.
  • The brand names and logos indicated on our Website and all related emails are owned either by Melodica Music Store or by its franchisors/licensors in the territories in which they operate.

 

8.7        Registration Process

 

  • "The Information" is defined as any information the customer provide to us in the registration, buying or listing process, in the feedback area or through any email feature. We will protect The Information in accordance with our Privacy Policy.
  • If the customer use the Website, the customer is responsible for maintaining the confidentiality of The Account and Password and for restricting access to the computer, and the customer agree to accept responsibility for all activities that occur under The Account or Password.
  • Melodica Music Store shall not be liable to any person for any loss or damage which may arise as a result of any failure by the customer to protect the password or account. If the customer knows or suspects that someone else knows the password, the customer must contact the Customer Care team at info@melodicamusicstore.com 
  • If Melodica Music Store has reason to believe that there is likely to be a breach of security or misuse of the website, Melodica may require the customer to change the password or Melodica may suspend the account without any liability to Melodica.
  • The customer also agrees to provide true, accurate, current and complete information about them self as prompted by Melodica Music Store registration form (such information being the "Registration Data"). The customer should also maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
  • If the customer provides any information that is untrue, inaccurate, incomplete, or not current or if Melodica Music Store has reasonable grounds to suspect that such information is untrue, inaccurate, and not current or not in accordance with the User Agreement, Melodica Music Store has the right to indefinitely suspend or terminate the membership and refuse to provide the customer with access to the Website.

 

8.8        Use of the Website

 

The customer may not use the website for any of the following reasons:

 

  • Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. 

  • Transmitting material that encourages conduct that constitutes a criminal offence results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. 

  • Gaining unauthorised access to other computer systems. 

  • Interfering with any other person's use or enjoyment of the Website. 

  • Breaching any applicable laws.
  • Interfering or disrupting networks or web sites connected to the Website. 

  • Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.

 

8.9        Unlawful Transactions

 

  • Melodica Music Store reserves the right to recover the cost of Products/Services, collection charges and lawyers’ fees from persons using the Website/Services fraudulently.
  • Melodica Music Store reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website/Services and any other unlawful acts or acts or omissions in breach of these Terms and Conditions of Use.

 

8.10     Governing Law and Jurisdiction

 

  • Melodica Music Store and use of it is governed by the laws of the Emirate of Dubai and the federal laws of the United Arab Emirates. Any proceedings with respect to or in connection with the Melodica Music Store and/or use of it must be brought in that jurisdiction.