By purchasing or downloading any free or chargeable products or services advertised herein, or browsing the Learn Cajon website (www.learncajon.com) for any information, courses, services or products, you agree to be bound by the Terms and Conditions. These Terms and Conditions are subject to change without prior notice at any time at Learn Cajon's sole discretion. The Terms and Conditions are listed on the Learn Cajon website and can be viewed prior to any purchase and again at time of product purchase. Unless agreed otherwise prior to purchasing, all sales shall be considered firm sales.
These Terms and Conditions constitute a legal contract between you and Learn Cajon. (References to "end user", "you" or "your" shall relate to a Customer of Learn Cajon). By visiting, browsing, shopping, purchasing products, booking, accessing or otherwise using the site or the services, modules or products we offer, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions. If you do not agree to the Terms and Conditions, please do not use this website or Learn Cajon's offered services, modules or products.
The goods shall be at the Customer’s risk at point of delivery. The Customer, upon taking delivery of the goods, shall immediately examine the goods and give written notice to Learn Cajon of any defect within five (5) days of such date, failing which the goods shall be deemed to have been delivered in good order and condition and accepted by the Customer.
Delivery of Goods and Services to Website Customers
Once full payment of the product or service has been received via our secure online payment gateway and anti fraud checks conducted, the customer will be sent an email with instructions to retrieve the desired module (on line modules) or with an estimated time of delivery for physical goods (DVDs and cajons). Any online modules purchased will be stored in the "Members" area and will be available for the customer to access. If a customer experiences problems taking delivery of the product or service, they can contact Learn Cajon support via our contact details (firstname.lastname@example.org) listed on the website, and we will try to rectify this as soon as possible.
Delivery of Goods to Stockists
Once an order has been received by email, stockist will be notified by email of estimated time of delivery of stock. All freight costs are the responsibility of the Customer. Learn Cajon can arrange to ship goods or the Customer may arrange its own courier service. Where freight is arranged by Learn Cajon the cost will be additional to the cost of goods and will be included in the invoice payable by the Customer which will be sent with the goods. If the Customer fails to take delivery of the goods, then the Customer shall be liable for all loss and damage suffered or incurred by Learn Cajon as a result thereof including, but not limited to, the cost of freight to and from the Customer’s premises.
Payment by Website Customers
Payment for products and services can be made via MasterCard or Visa through our secure online payment gateway. We do not accept methods of payment such as personal cheques, postal money orders or cash for direct website purchases. In certain cases, further identification details may be requested before we can process your order. In the case of a product being out of stock, the customer will be notified within three working days, with an Estimated Time of Delivery and a refund offer, should payment have been made. All prices are in Australian Dollars (AUD) and include GST, unless otherwise specified.
Payment by Stockists
For stockists, preferred payment method is direct deposit. Learn Cajon’s bank account details are noted on its invoices. Payments by cheque or credit card are also acceptable. Please reference the invoice number when making payment. Payment terms for Learn Cajon stockists are 30 days from date of invoice. The invoice price including freight shall be paid by the Customer in full without any deduction in respect of any claimed set off or counterclaim on or before the payment date.
The goods shall remain the sole and absolute property of Learn Cajon as legal and equitable owner and the Customer shall hold such goods as bailee only until such time as the Customer shall have paid the full price. The Customer shall be liable to Learn Cajon in respect of any loss or damage to the goods during such bailment.
All products sold by Learn Cajon are covered by the manufacturers’ warranty that accompanies the product unless otherwise stated. Learn Cajon makes no additional or independent warranty. Learn Cajon does not warrant the performance, merchantability and fitness for a particular purpose of any product, but merely passes through to the Customer whatever warranty the manufacturers provide with their respective products.
Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE MODULES, MATERIALS AND PRODUCTS IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. FOR THE PURPOSES OF SECTION 5a, LEARN CAJON HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE MATERIALS AND PRODUCTS EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF USE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
Limitation of Liability
Learn Cajon shall under no circumstances be liable for special, incidental, indirect or consequential damages including injury, loss of profit or opportunity, even if it has been advised of the possibility of such damages: the maximum liability for all direct damages, if any, arising out of any action shall be limited to an amount not to exceed the purchase price of the product.
We only issue refunds on products or services that have been paid for and are faulty or discontinued. We DO NOT issue refunds on products or services after they have been received in good order or, in the case of on line modules, have been delivered to the end user who is responsible for understanding the Terms and Conditions upon purchasing from our site. However if a Customer finds a physical fault in a delivered product, they can contact us through a submission to our contact page on the website, or at email@example.com and we will arrange a solution. The notification of error in relation to a Learn Cajon product needs to be made by the Customer within five (5) days of receipt of the product. Product needs to be returned to Learn Cajon at Customer's expense, and replacement goods will be shipped at no extra expense to customer once the faulty goods have been returned, provided replacements are in stock. Should replacement be out of stock, you will be notified within 48 hours of receipt of returned goods by email or phone and a solution will be agreed on with you.
End User Licence Agreement
The modules and materials refer to the intellectual property rights provided by Learn Cajon to the end user in the form of either a PDF file, word file or video file. All modules and materials are licensed to the end user for use only under the terms of this Licence and are not purchased outright by the end user. Learn Cajon reserves all rights not expressly granted to you. The rights granted herein are limited to Learn Cajon's intellectual property rights. It is the end user’s responsibility to ensure they have the correct software to open and use the files as required.
This Licence allows the end user to use the Learn Cajon materials for their own personal educational use. This Licence does not allow the end user to copy, reproduce or provide the Learn Cajon materials to any 3rd party individual or business. The end user may not make the modules and material available over a network where it could be used by multiple computers or users at the same time. This Licence does not grant you rights to use Learn Cajon intellectual property as a product or part of a product or service that you supply or on-sell to the commercial or non-commercial market.
You may not copy, decompile, reverse engineer, disassemble or attempt to derive the source code of, decrypt, modify, or create derivative works of the materials or any part thereof. Any attempt to do so is a violation of the rights of Learn Cajon. If you breach this restriction you may be subject to prosecution and damages.
You may not rent, lease, lend, redistribute or sublicense the Learn Cajon modules and materials. There is nothing in this agreement that transfers any ownership of Learn Cajon's intellectual property rights to the end user.
This Licence is effective until terminated. Your rights under this Licence will terminate automatically without notice from Learn Cajon if you fail to comply with any term(s) of this Licence. Upon the termination of this Licence, you shall cease all use of the modules and materials and remove them from your computer hard drives and any other storage location.
This Licence constitutes the entire agreement between the parties with respect to the use of the materials licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of this Licence will be binding unless in writing and signed by Learn Cajon. Any translation of this Licence is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of this Licence shall prevail. The above clauses: 5a, b, c and 7a, b, c all survive the termination of this agreement. The laws of the State of New South Wales, Australia, govern this agreement and licence.
By agreeing to this end user licence agreement and downloading any modules and materials, you agree to accept the Terms and Conditions of this Licence.
The personal details that you provide to us such as your name, postal or e-mail address, telephone or fax number will be kept confidential. We use this information to fulfill your order and to keep you updated about the progress of your order. If you select the newsletter option we will notify you of special offers, new products and new services. If you no longer want to receive the newsletter simply contact us. We will not sell or give your information to a third party. Your information may be sent to a third party where we are legally required to do so e.g. in the course of a police investigation, or to subcontractors for the purpose of fulfillment of services.
Right to Refuse Services
For the benefit of all of our customers and the right to preserve the intellectual property rights of our material, Learn Cajon reserves the right to refuse sales from the Learn Cajon website. This also applies to re-distribution of a previously purchased product or service if requested by a returning customer. Learn Cajon will provide a reason as to why the re-supply might be refused, such as if there is a concern regarding breach of copyright of materials or products.
If you have any questions about this information, please feel free to contact Claudia Chambers, Director of Learn Cajon, at firstname.lastname@example.org.