TERMS AND CONDITIONS - USE OF GTI SITE

BY USING THIS GTI SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THIS GTI SITE.

Specific Terms Applicable to GTI Marketplace Transactions

GTI acts solely as a marketplace to enable Buyers/Sellers to offer, sell, buy or trade musical equipment and stage gear from other Buyers/Sellers, subject to compliance with this our GTI General Terms of Use, Privacy Policy, Cookie Policy and this Marketplace Terms of Use as detailed on this GTI site.

This Web GTI Site is operated by Guitar Trader International (“GTI”), its subsidiaries, affiliates and/or related entities (collectively, the “GTI Site”) OR (referred to in this Agreement as 'we', 'us', 'our' or “GTI”).). GTI offers this GTI Site, including all information, tools and services available from this GTI Site, to you, the user, conditional upon your acceptance of all the terms, conditions, policies and notices as stated here.

GTI Acts Solely a Marketplace for Both Buyers and Sellers

GTI acts solely as a marketplace to enable Buyers/Sellers to offer, sell, buy or trade musical equipment from other Buyers/Sellers, subject to compliance with our GTI Terms of Use and Policies as detailed on this GTI site.

GTI allow Sellers to set up stores/advertisements that list and sell items (*”Sellers”) to end users (“Buyers”). When you purchase an item, the contract for sale is solely between the Buyer and the Seller. That means that when you purchase an item on GTI, you are making a purchase from the Seller who listed the item and the Seller is responsible for fulfilling your order. GTI has no responsibility whatsoever.

While GTI has a series of processes in place to review the accuracy and propriety of listings and to vet Buyers and Sellers, GTI cannot guarantee the accuracy, truth or legality of listings or the ability of sellers to sell items or the ability of Buyers to pay for items. GTI also cannot ensure that a Buyer or Seller will actually complete any transaction or guarantee the true identity, age, and nationality of a user. GTI always encourages you to communicate directly with any potential transaction partners through the tools available on the GTI Site. You may also wish to consider using our third-party escrow service or other services that provide additional user verification and security. You agree that GTI is solely a marketplace only and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on the GTI Website.

Although GTI are not a party to the contract formed between any Buyers and Sellers when you make a purchase, we may assist at our discretion, with payment processing, returns, refunds, and other customer service. GTI does not guarantee (i) the existence, quality, safety, suitability, or legality of Sellers items or item listings; (ii) the truth or accuracy of any item listing, description or other content provided by Sellers; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of Sellers or other third parties.

GTI does not endorse any Seller, store, item, or item listing. Please read labels, warnings and directions provided with a purchased item before using it and consider you should make whatever investigation you feel necessary or appropriate before making a purchase from any Seller.

If goods on the site are being sold by a third party, the listing will contain the Seller's details in addition to any terms of sale specific to the Sellers goods (such as delivery timetables).

By buying these goods, you as a Buyer are transacting specifically and directly with the Seller, and GTI is NOT a party to the transaction. As a result, GTI do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.

You agree that as a platform for independent Sellers and Buyers, GTI is NOT responsible for the transactions that occur between you as a Buyer and the Seller, nor are we responsible for the Seller's goods or services to the extent permitted by law, GTI makes no warranty or representation regarding the standard of any goods or services to be supplied by the Seller.

Your interactions with Sellers and Buyers found on or through the GTI Marketplace including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Sellers and/or Buyers.

You agree that GTI shall not under any circumstances be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

YOU USE THE GTI SERVICE ENTIRELY AT YOUR OWN RISK.

Registration and User Requirements

GTI acts solely as a marketplace to enable Buyers/Sellers to offer, sell, buy or trade musical equipment from other Buyers/Sellers, subject to compliance with our GTI Terms of Use and Policies as detailed on this GTI site.

GTI allow Sellers to set up stores/advertisements that list and sell items (*”Sellers”) to end users (“Buyers”). When you purchase an item, the contract for sale is solely between the Buyer and the Seller. That means that when you purchase an item on GTI, you are making a purchase from the Seller who listed the item and the Seller is responsible for fulfilling your order. GTI has no responsibility whatsoever.

While GTI has a series of processes in place to review the accuracy and propriety of listings and to vet Buyers and Sellers, GTI cannot guarantee the accuracy, truth or legality of listings or the ability of sellers to sell items or the ability of Buyers to pay for items. GTI also cannot ensure that a Buyer or Seller will actually complete any transaction or guarantee the true identity, age, and nationality of a user. GTI always encourages you to communicate directly with any potential transaction partners through the tools available on the GTI Site. You may also wish to consider using our third-party escrow service or other services that provide additional user verification and security. You agree that GTI is solely a marketplace only and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on the GTI Website.

Although GTI are not a party to the contract formed between any Buyers and Sellers when you make a purchase, we may assist at our discretion, with payment processing, returns, refunds, and other customer service. GTI does not guarantee (i) the existence, quality, safety, suitability, or legality of Sellers items or item listings; (ii) the truth or accuracy of any item listing, description or other content provided by Sellers; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of Sellers or other third parties.

GTI does not endorse any Seller, store, item, or item listing. Please read labels, warnings and directions provided with a purchased item before using it and consider you should make whatever investigation you feel necessary or appropriate before making a purchase from any Seller.

If goods on the site are being sold by a third party, the listing will contain the Seller's details in addition to any terms of sale specific to the Sellers goods (such as delivery timetables).

By buying these goods, you as a Buyer are transacting specifically and directly with the Seller, and GTI is NOT a party to the transaction. As a result, GTI do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.

You agree that as a platform for independent Sellers and Buyers, GTI is NOT responsible for the transactions that occur between you as a Buyer and the Seller, nor are we responsible for the Seller's goods or services to the extent permitted by law, GTI makes no warranty or representation regarding the standard of any goods or services to be supplied by the Seller.

Your interactions with Sellers and Buyers found on or through the GTI Marketplace including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Sellers and/or Buyers.

You agree that GTI shall not under any circumstances be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Access and Use of the GTI Website

You must only use the GTI Website through the interfaces provided by us and in accordance with these terms and any applicable law.

You must not (or attempt to):

• interfere (or attempt to interfere) or disrupt (or attempt to disrupt) our site or the servers or networks that host our site;

• use (or attempt to use) data mining, robots, screen scraping or similar data gathering and extraction tools on our site;

• interfere (or attempt to interfere) with security-related or other features of our site; or

• use, copy or distribute (or attempt to use, copy or distribute) content without our express permission.

GTI acts solely as a marketplace to enable Buyers/Sellers to offer, sell, buy or trade musical equipment from other Buyers/Sellers, subject to compliance with our GTI Terms of Use and Policies as detailed on this GTI site.

GTI allow Sellers to set up stores/advertisements that list and sell items (*”Sellers”) to end users (“Buyers”). When you purchase an item, the contract for sale is solely between the Buyer and the Seller. That means that when you purchase an item on GTI, you are making a purchase from the Seller who listed the item and the Seller is responsible for fulfilling your order. GTI has no responsibility whatsoever.

While GTI has a series of processes in place to review the accuracy and propriety of listings and to vet Buyers and Sellers, GTI cannot guarantee the accuracy, truth or legality of listings or the ability of sellers to sell items or the ability of Buyers to pay for items. GTI also cannot ensure that a Buyer or Seller will actually complete any transaction or guarantee the true identity, age, and nationality of a user. GTI always encourages you to communicate directly with any potential transaction partners through the tools available on the GTI Site. You may also wish to consider using our third-party escrow service or other services that provide additional user verification and security. You agree that GTI is solely a marketplace only and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or third parties on the GTI Website.

Although GTI are not a party to the contract formed between any Buyers and Sellers when you make a purchase, we may assist at our discretion, with payment processing, returns, refunds, and other customer service. GTI does not guarantee (i) the existence, quality, safety, suitability, or legality of Sellers items or item listings; (ii) the truth or accuracy of any item listing, description or other content provided by Sellers; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of Sellers or other third parties.

GTI does not endorse any Seller, store, item, or item listing. Please read labels, warnings and directions provided with a purchased item before using it and consider you should make whatever investigation you feel necessary or appropriate before making a purchase from any Seller.

If goods on the site are being sold by a third party, the listing will contain the Seller's details in addition to any terms of sale specific to the Sellers goods (such as delivery timetables).

By buying these goods, you as a Buyer are transacting specifically and directly with the Seller, and GTI is NOT a party to the transaction. As a result, GTI do not control any aspects of the transaction, including the listing content and accuracy or the quality, shipping and delivery of the goods.

You agree that as a platform for independent Sellers and Buyers, GTI is NOT responsible for the transactions that occur between you as a Buyer and the Seller, nor are we responsible for the Seller's goods or services to the extent permitted by law, GTI makes no warranty or representation regarding the standard of any goods or services to be supplied by the Seller.

Your interactions with Sellers and Buyers found on or through the GTI Marketplace including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such Sellers and/or Buyers.

You agree that GTI shall not under any circumstances be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

Information on this GTI Website

Information about goods, products or services on the GTI Website is based on material provided by third party Sellers, suppliers and/or product manufacturers. GTI specifically cannot be held responsible for inaccuracies or errors caused by incorrect information supplied to us or by these third parties.

You agree to make your own enquiries to verify information provided and to assess the suitability of goods or services before you order the goods or services.

Due to photographic and screen limitations associated with the representation of goods, some actual goods (including, in particular, clothing, apparel and shoes) may differ to a small extent in visual appearance (for example in colour) from the way they appear on the GTI Website. In addition, where it is suitable to do so, some depictions of products or services are created or chosen by us for promotional purposes, and may not be an exact representation of the product or service received.

Copyright

We respect others' intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

Services and Fees

Joining and posting items for sale on GTI is free. GTI does not charge fees to list an item for sale. GTI does charge a percentage of the sale price when the item sells.

When you list an item, you have an opportunity to review and accept the fees that you will be charged.

Our Billing Policy which is subject to change, is incorporated into this Agreement by reference. Changes to the Billing Policy and the fees for GTI services are effective immediately after posting the changes on the GTI Site.

Fees Due On Termination

If GTI terminates a listing on your account or if you choose to close your account or if the payment of your GTI fees cannot be paid for any reason you remain obligated to pay GTI for all unpaid fees plus any penalties, if applicable, until the outstanding amount is paid in full.

If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel).

YOU HEREBY EXPRESSLY AGREE THAT GTI MAY CHARGE YOUR CREDIT CARD, OR ANY OTHER METHOD OF PAYMENT, ON FILE FOR ANY AND ALL OUTSTANDING OR DELINQUENT FEES AND WAIVE ANY AND ALL CLAIMS AGAINST GTI FOR EXERCISING THIS RIGHT.

If you have a question or wish to dispute a charge, contact GTI via Support Services.

Disclaimer

To the fullest extent possible at law, we exclude all liability to you or anyone else for loss or damage of any kind or nature relating in any way to the GTI Website including, but not limited to, loss or damage you might suffer as a result of:

• errors, mistakes or inaccuracies on the GTI Website or our social media pages;

• you acting or not acting, on any information contained on or referred to on the GTI Website and/or any linked GTI Website or our social media pages;

• personal injury or property damage of any nature resulting from your access to or use of the GTI Website;

• any unauthorised access to or use of our secure servers and/or personal information and/or financial information stored on those servers;

• any interruption or cessation of transmission to or from the GTI Website;

• any bugs, viruses, trojan horses or other harmful code or communications which may be transmitted to or through our GTI Website by any third party; and/or

• the quality of any product or service of any linked sites.

GTI do not warrant, endorse, guarantee or assume responsibility for any product or service advertised or offered by a third party through the GTI Website or any linked GTI Website or featured in any banner or other advertising. GTI will not be a party to or in any way responsible for monitoring any transaction between you and third-party Sellers of goods and services.

Limitation of Liability

To the extent permitted by law, no Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth)) or member of GTI will be liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to material on the GTI Web Site or to third party material, whether in contract, tort including negligence, statute or otherwise.

Indemnity

You will at all times indemnify, and keep indemnified, us and our directors, officers, employees and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.

No Agency Created Between the Parties

You and GTI are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is either intended nor created by this Agreement.

No Guarantee of Continuous Service

Due to the inherent nature of Websites we cannot guarantee uninterrupted or continuous availability of this website and you accept that the website may also be unavailable from time to time for maintenance or scheduled upgrades. Where able we shall give you advanced warning of the same. We shall accept no liability in relation to website downtime whether scheduled or otherwise.

GTI does not guarantee continuous or uninterrupted access to the GTI Site and as such no SLA representations or guarantees are included herein.

Force Majeure

GTI shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Dispute Resolution

Although GTI are not a party to any contracts formed between any Buyers and Sellers, when you make a purchase, we may assist at our sole discretion, with payment processing, returns, refunds, and other customer service.

GTI does not guarantee (i) the existence, quality, safety, suitability, or legality of Sellers items or item listings; (ii) the truth or accuracy of any item listing, description or other content provided by Sellers; (iii) the truth or accuracy of ratings, reviews, or other User Submissions; or (iv) the performance or conduct of Sellers or other third parties.

If there is a dispute between participants on this site, or between users and any third party, you agree that GTI is under no obligation to become involved. In the event that you have a dispute with one or more other users, including a Merchant, you release GTI, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.

Limitations Period for Dispute

You and GTI agree that any cause of action arising out of or related to the GTI Site, Services or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred, without exception.

Your Responsibility for Legal Compliance and Taxes

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the GTI Site and any GTI service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items.

In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make on the GTI Site (excluding any taxes on GTI net income). This includes sales taxes applicable in each state and or country, depending on the threshold required for collection.

GTI Cannot and Does Not Provide Tax Advice

Please contact your tax professional to determine whether or not you have sales tax liability within your jurisdiction.

This responsibility includes any applicable customs and fees for either import and export sales.

GTI assumes no responsibility for any losses, fees, or confiscations related to importing and exporting products purchased through the GTI Website.

Social Media and Content

You understand that all information, such as comments, messages, text, files, images, photos, video, sounds and other materials ('content') posted on, transmitted through or linked from the GTI Website, our Facebook page, Twitter feed, or forum or other like application or site that allows for the publication of user generated material (“Social Media”), is the sole responsibility of the person from whom such content originated.

You understand that we do not control and are not responsible for content made available through the GTI Website or Social Media unless it originates from us. Consequently, by using the GTI Website or our Social Media pages you may be exposed to content provided by third parties that is offensive, indecent, inaccurate, misleading or otherwise objectionable. You use the GTI Website at your own risk and to the extent permissible at law we do not accept liability in this regard.

As a member or participant on our Social Media pages, you agree that you are responsible for any content submitted, posted or made available through the GTI Website and you must not post (or allow) content to be posted that:

• you do not have the right to post;

• is defamatory or in contempt of any legal or other proceedings;

• is misleading or deceptive;

• is offensive or discriminates against any group of persons being a group defined by reference to colour, race, sex, origin, nationality or ethnic or national origins;

• denounces religious or political beliefs;

• contains religious or political material;

• is indecent, obscene, vulgar, pornographic or offensive;

• infringes any copyright, trade mark, patent or other intellectual property right of another person;

• contains any unsolicited or unauthorised advertising or promotional material;

• contains or links to viruses, malware, spyware or similar software; or

• impersonates any person or misrepresents your relationship with any person.

GTI reserve the right, at our absolute discretion, to pre-screen, refuse or remove any content from the GTI Website or our Social Media pages without giving any reasons.

You understand and agree that we may retain server and backup copies of your submitted content even if you have altered, removed or deleted your content from public display.

Intellectual Property

All content, graphics, user and visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code, including but not limited to the design, structure, selection, coordination, expression and arrangement of such material contained or used in the GTI Website is either owned, controlled, or licensed to GTI, or is otherwise subject to the intellectual property rights of third parties and is protected by copyright, patent and trade mark laws and various other intellectual property rights. GTI reserve all intellectual property rights, including but not limited to, copyright in material and/or services provided or authored by us. Nothing in the Agreement gives you a right to use any of our marketing material, business names, trademarks, logos, domain names or other distinctive brand features.

Other trademarks used on the GTI Website that belong to third parties are used with permission and remain the intellectual property of the third party.

You may not:

• modify or copy the layout or appearance of the GTI Website nor any computer software or code contained in the GTI Website; or

• decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the GTI Website.

IF you correspond OR otherwise communicate WITH us, you automatically GRANT TO us an irrevocable, perpetual, non-exclusive, royalty-free, world-wide licence TO USE, copy, display AND distribute the content of your correspondence OR communication AND TO PREPARE derivative works of the content OR incorporate the content INTO other works IN order TO publish AND promote such content. This may include, but IS NOT limited TO, publishing testimonials ON our GTI Website AND developing your ideas AND suggestions FOR improved goods OR services we provide.

GTI Serial Numbers Guide

GTI may at times offer a Serial Number Lookup Guide for GTI users to assist to determine the year of manufacture of a selected musical instrument. This Serial Number Lookup Guide is based upon information collated off various historical guides and websites. It is intended as a guide only and GTI does not warrant its accuracy nor guarantee that the results of instruments will be totally accurate.

GTI Price Guide

GTI may at times offer a Price Guide for GTI users. This Price Guide is based upon information off recent transactions on the GTI Site or relevant external market data that values musical instruments. It is intended as a guide only and GTI does not warrant its accuracy nor guarantee that instruments will sell within those stated estimates.

Transfer and Assignment

You agree and acknowledge that, in the event that we merge, sell or otherwise change control of our company, our business or the GTI Website to a third-party, GTI shall be permitted without giving notice or seeking prior consent from you, to disclose the personal information and other data that we have collected from you to the third party.

GTI shall be entitled to assign the benefit of any agreements we have with you to the third party.

Jurisdiction

This website (excluding any linked third-party sites) is controlled by us from our principal business premises in Australia. It can be accessed from countries around the world to the extent permitted by the website. As each country has laws that may differ from Australia, by accessing this site, you agree that the laws and statutes of Australia shall apply to any dealings, actions or claims arising out of, or in relation to, this agreement, or your use of this website, irrespective of any conflict with any laws and statutes applicable to your country of domicile.

You further acknowledge and agree that the filing of a claim against us (if any) must be made in the State of Australia in which our principal business premises in Australia is domiciled, and that any legal proceedings will be conducted in English.

We make no representation that Goods or Services offered through this website are appropriate, available or suitable for use in countries outside of Australia, and accessing any material or content from, or through, this website which is illegal in your country of domicile is strictly prohibited.

Termination of Use

These terms and your access to our website may be terminated by us (at our sole discretion) at any time without notice or any requirement to give you a reason why. In the event of termination under this clause we shall have no liability to you whatsoever (including for any consequential or direct loss you may suffer).

General

GTI will not be liable for any delay in performing any of our obligations under this Agreement if such delay is caused by circumstances beyond our reasonable control.

This Agreement will be governed by and interpreted in accordance with the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of the State of Victoria, Australia.

If any part of this Agreement is found to be void, unlawful or unenforceable then that part will be deemed to be severable from the balance of this Agreement and the severed part will not affect the validity and enforceability of any remaining provisions.

If we do not exercise or enforce any right or provision under this Agreement, it will not constitute a waiver of such right or provision. Any waiver of any provision under this Agreement will only be effective if it is in writing and signed by us.

Privacy and Personal information

If you provide us with any personal information our Privacy Policy will govern how we will deal with, use or disclose that information. Please review and understand our Privacy Policy.