Terms & Conditions

This Web site is an online market place for the buying and selling of music, musical instruments as well as musical accessories and everything related to it. The website will also provide a possibility to bid for a product. 

By accessing or making use the services of this website, you agree to be lawfully bound by these Terms. 

We reserve the right to change these Conditions at any time. The date of the Terms and Conditions will be stated at the top of the Terms and Conditions. 

The latest amended version of the Terms and Conditions shall apply to any present transaction. 

Your continued use of the Services after any amendments to the Terms and Conditions shall be deemed to constitute your binding acceptance of such amendments.

We reserve the right to modify or withdraw this Site (or any kind of component) at any moment without notice.

 

Accuracy of Posts

As an individual member of this website, you are responsible for the veracity, accuracy and validity of the following:

1.             any type of material, consisting of without constraint programming, solutions, attributes, songs, sound recordings, lyrics, data, text, images, photographs, graphics, scripts, seems, video clip, logo designs, trademarks or compilation of materials made available on this website, whether by us, users of the Website or others, that you purchase or otherwise use though the Site or the Service.

2.             The legal capacity of any individual, advertiser, enroller, associate or strategic partner to perform any transaction with you. Any kind of such transaction is at your own risk, and you are encouraged to look for independent professional advice before participating in any kind of transaction.

 

Personal Account 

You are responsible for maintaining your personal user name and password secure and confidential. You should not share, display, disclose or permit your user name or password to be disclosed to any other party.

You are responsible for the use of the Services when access to the Services is obtained through the use of your user name and password whether authorized or unauthorized.

You agree not to impersonate any other person or entity or use any false name or use any other person's user name and password to access the Services.

If you believe that Your user name and/or password has become known to another person or You are aware of any other breach of security regarding the Services, then You must notify Us immediately.

You agree and warrant that You will implement and comply with the above procedures.

We reserve the right to withdraw user names and passwords at any time without notice and in our sole discretion including but not limited to where We have reason to believe that such user name and password have been discovered and/or used by any person or organization other than You.

 

Eligibility

The Services are just available to people that are:

a.             at least 18 years of age; if not, at least represented by a person at least 18 years of age.

b.             If You are registering in behalf of a company, You represent and warrant that You have the authority to bind the Company to these Terms and Conditions. Without prejudice to your warranty, We reserve the right to ask You for a written authority from the business entity (or Company) before signing up any business entity. The Company must agree to these terms and conditions.

c.             You agree that your registration information are up to date and accurate 

d.             You also warrant that the information provided to Us on the registration page is true and accurate. 

e.             We reserve the right in our sole discretion to decline any type of registration and to suspend, temporarily or indefinitely, any registered members, including those inactive accounts.

f.              You also agree not to sell or rent your account to any third party.

 

Membership Fees

Listing and Membership are free of charge as of the moment.  

 

Transaction Fees

We will deduct 3.5% + 40php of the purchase price of every product as payment for the services of this website.

When you sell more than 1 quantity of the same product, you are only charged once for that transaction

We reserve the right to change fees at anytime without prior notice 

You agree to use the allowable payment method by Pedallion. You may not claim against Pedallion for any failure, disruption or error in connection with your chosen payment method. Pedallion reserves the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

 

Selling Rules

-Seller should not use false, inaccurate or misleading description

-Seller is not allowed to sell counterfeit, stolen or illegal items

-Seller is not allowed to sell products or items not directly used for music such as but not limited to instruments and accessories.

 

Seller has the obligation to consummate the Sale by delivering the product unless the buyer is not agreeable with the terms of the seller, the buyer has no sufficient funds to finance such sale, and when the buyer’s identity and address cannot be identified. 

 

Obligation And Terms

You are bound to observe the following rules of conduct: 

a.             You are not allowed to post any material that violates any federal or state laws, including but not limited to libel, slander, antitrust, trademark, copyright, patent or unfair competition 

b.             You are not allowed to infringe upon a third party’s copyright, nor invade the privacy or publicity rights of others Do not post anything protected by copyright without the permission of the copyright owner 

c.             You are not allowed to post anything that is knowingly false, defamatory, profane, vulgar, obscene, threatening, abusive, hateful, racially offensive, pornographic, embarrassing or that has any potential to cause any harm or damage to anyone as determine by Pedallion in its sole discretion 

d.             You are not allowed to use this website for spam, chain letters or junk mails

e.             You are not allowed to impersonate anyone or misrepresent who you are 

f.              You are not allowed to post any misrepresentations and misleading descriptions as to the product you are 

g.             You are obliged to include in the product title is the name or model of the unit.

h.             Product description should not be false, inaccurate or misleading. No counterfeit, stolen or illegal items shall be allowed. 

i.              You are not allowed to Copy this website to scam people or redirecting your postings to other selling websites.

 

Moreover, Seller has the right to post price in his own discretion, both for the product and for the shipping.  In no instances that the Buyer shall harass the Seller by reason of such price right.

If parties intend to transact the sale on their own, without using the conduit’s payment methods and system, they shall be liable for any loss that they may result due to such use.  

 

Completion of the Sales Transaction

A Transaction is considered to be complete once the following conditions have been met:

When either the 'Multi-Use license Agreement' or an assignment of Copyright Contract' or that the Product (Musical Instrument, Accessory) has been actually and physically delivered to the Buyer and the Seller has been completely paid. 

To protect the interests of both parties, the purchase price shall be held in trust by the Website pending the receipt of the product by the buyer. After receipt of such product in good condition or when there is no dispute made within 48 hours after delivery, the Website shall thereafter release the payment to the seller observing the weekly cut-off time for payment. 

In the event of a dispute or if when there is no delivery of the product, the purchase price shall not be released to the seller pending the resolution of such dispute unless the Parties opts to rescind the contract. 

In cases of rescission of the contract, the Purchase price shall be returned to the Buyer with the reciprocal obligation of the Buyer to return the item received. 

 

No Direct Participation

We have no direct participation in transactions between users.

We are not liable for any type of problems arising from the misuse and miscomprehension of our services. 

 

Data Protection and Privacy 

The Service allows users to access other users' contact information, and accordingly your contact information shall be accessible to others.

User information shall not be divulged to the public or to any specific person or entity not a member of the website unless ordered by the Court of the Philippines. 

You agree that any and all personal information and data collected from You via this Website forming part of the Services may only be used in accordance with the current Intellectual Property and Privacy Laws of the Philippines.

 

Dispute Settlement Procedure 

When the buyer opts to use Paypal as his/her payment method, any issue or dispute arising from the sale shall be governed by the Dispute Process under the Paypal System. This means that the Buyer, in resolving his issues with regard to the sale, shall submit his dispute through his/her Paypal Account. 

However, when the buyer opts for a different payment scheme (Dragonpay and Etc), the Dispute Settlement Procedure of Pedallion shall be outlined as follows; 

1. The Buyer shall open a ticket through the Pedallion website within 72hrs after receipt of the product and report the issue with regard to the sale. 

2. The Website will now verify the report and contact the parties within 48hrs in order to resolve the conflict. 

3. In cases of Totally Defective Products, the Buyer is obliged to return the product to the seller at the expense of the latter. 

4.  In cases of Semi-Defective Products or if when the cosmetic conditions of the product is not similar as its advertisement, the Buyer has the option to return the product to the seller, at the expense of the latter, or to acquire such semi defective product by paying an amount lesser than the selling price or an amount agreed upon by the parties. 

5.  In cases of no Actual and Physical delivery of the ordered product/s, the Seller shall be obliged to deliver the product subject of the sale immediately after notice from the Website or the buyer. If there is failure on the part of the Seller to deliver the product within the specified time, the Website will facilitate the return of the purchase price to the Buyer. 

6.  In the event when there is a resolution amongst the parties with regard to their dispute, they will execute a digital memorandum, with their affixed signatures, stating that they had resolved such conflict. 

                a. If the case is resolved at this stage, this contract shall be binding to both parties and shall be treated as a waiver of any legal liability in the future between and amongst them. 

                b.  If the case is not resolved, the dispute may be treated as ripe for judicial determination. In which case, the party plaintiff shall have the right to file a case in Court or to avail of any legal and judicial remedies to enforce his/her rights. In which case, the assistance provided for by the Website in resolving the dispute shall end. 

                               

Payments and PayPal Policy

Pedallion currently offers PayPal payment only at the moment which automatically splits the payment of the buyer between the seller and Pedallion. The commission automatically goes to Pedallion and the payment for the product goes to the seller.

We may use or permit you link to Paypal and that they are not affiliated with. They have different terms of use that are not the same as these Terms. We encourage you to read their Terms of Use (or Service) as they may be materially different from these terms (ie. Process for disputes, fees, charge backs etc). Your access to and use of such is governed by the terms of use and policies of those sites, not this website.

We are not responsible for any issues arising from unsuccessful payment transactions using third party banking/ money exchange services.

 

Buyer Protection and PayPal Dispute

Buyer is eligible for protection if they transacted using PayPal in Pedallion website.

To the event when buyer is not happy with the purchase, buyer and seller are encouraged to communicate to resolve the issue first. If no resolution has been made, the buyer can open a dispute on his PayPal account and follow through the dispute process.

 

 

Intellectual Property Rights

You are provided a limited license to access and utilize this Web site entirely for the objectives of use gotten in touch with the Services. All components of this Website consisting of, but not limited to, the text, graphics, links and sounds are owned by and may not be duplicated, downloaded and distributed or published by any means without Pedallion's previous written permission.

You are not allowed to make use of any type of Logos or trademarks whether registered or unregistered of without their prior written permission. You may not frame or use any similar techniques that consist of any kind of proprietary information such as pictures, text or web page format without the previous written approval of Pedallion. 

You agree not to copy, change, download (other than caching), store or sell any kind of part of this Website without our prior written approval of 

Any type of information offered by this Website may not be disclosed, recreated, copied or sold for any kind of commercial purpose apart from for getting the services of this Site.

In connection with any kind of information, materials or other content that you submit to, for example: songs, audio recordings, lyrics, pictures and information, you give us access on your behalf to reproduce, publicly display and submissions to others for the purpose of licensing the same to other users, offering to others or promoting your material to other individuals of the Website or its services pursuant to these Terms and Conditions (unless limited by suitable legislation).

The Website shall suppletory adopt the Philippine Law on Intellectual Property as well as the generally accepted principles of International Intellectual Property Laws. 

 

Warranties and Representation 

You warrant and represent that

1.             You are the bonafide owner of all the intellectual property rights pertaining to all materials uploaded to our site or a rightful owner/possessor of appropriate licenses and/or legal rights from the owner. 

2.             Your Submissions will certainly be true, accurate and in conformity with these terms and conditions, and

3.             If you are an entity or organization apart from an individual, you are the authorized representative of the entity or organization and that you have the legal right and authority to submit and display the Submission.

 

Reservation 

We reserve the right to decide where and how a Submission is listed on the Site. We may refuse to post, deliver, modify or otherwise use or take any action with respect to any Submission. If we have questions about your Submissions including but not limited to intellectual property queries, we may contact you for further information. We may remove Submissions without prior notice.

You agree that you are responsible for the transfer of ownership of or license to your intellectual property or copyrights to your Submissions (as the case may be) when you are dealing with a buyer and that you are responsible for compliance with all applicable laws and regulations.

You may request us to remove a Submission posted by you from the Site.

 

Passive Conduit

We are not involved in or party to any interaction or transaction between you and any other user of the Service or the Site, nor any advertiser, sponsor, affiliate or strategic partner or any other third party, and are not acting as your or any other party's agent or advisor. We do not endorse any Content originated by a user, vendor or any other third party, and cannot guarantee any aspect of such interaction or transaction. Further, we have no control over the quality, safety or legality of any Content originated by a user, vendor or any other third party, nor transactions that take place on the Site or through the Service (such as content delivery method used to deliver music), and have no obligation to do so (though we reserve the right to do so).

You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service including imposing a reasonable fee for the use of certain services. In addition, we may, from time to time, perform maintenance upon the Site or Service resulting in interrupted service, delays or errors in the Site or Services. We will try our best to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.

 

Browsing

You may browse the Website any time without signing up. To utilize our Services, You are required to register as a member by completing the online "Registration Form" on this website and send it to us by clicking on the "Register" link. You ought to only sign up if You get approved for subscription.

 

Transfer

You may not transfer your account in the Site to any other without our prior written consent. You agree to abide by all applicable laws, statutes and regulations concerning the use of our services.

 

Receipt of Material

Receipt of material will be in the form of digital download. Either: Wav, MP3 Word or PDF formats.

 

LIMITATION OF LIABILITY

NOTHING IN THESE TERMS AND CONDITIONS EXCLUDES OR LIMITS LIABILITY FOR DEATH OR PERSONAL INJURY, DISHONESTY, FRAUDULENT MISPREPRESENTATION, STATUTORY RIGHTS OF CONSUMERS THAT CANNOT BE WAIVED OR LIMITED BY CONTRACT OR OTHERWISE TO THE EXTENT PERMITTED BY APPLICABLE LAW.

SUBJECT TO THE ABOVE CLAUSE:

WE MAKE EVERY REASONABLE EFFORT TO ENSURE THAT PROVIDE ACCURATE, COMPLETE AND UP-TO-DATE INFORMATION ON THIS WEBSITE. HOWEVER, THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND EXPRESS OR IMPLIED REGARDING THE CONTENTS OR AVAILABILITY OF THE WEBSITE OR SERVICES.

USE OF THE WEBSITE AND ITS RELATED SERVICES ARE AT YOUR SOLE RISK. WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER ARISING AS A RESULT OF YOUR USE OR RELIANCE ON THE WEBSITE OR SERVICES TO THE MAXIMUM EXTENT PERMITTED BY LAW.

AS A PASSIVE CONDUIT, WE DO NOT ASSUME THE ROLE OF A COMMON CARRIER MORE SO AN AGENT OF BOTH THE SELLER AND BUYER. THUS, WE WILL NOT BE HELD LIABLE FOR ANY DELIVERY PROBLEMS IN RELATION TO THE TRANSPORT AND CARRIAGE OF SUCH PRODUCTS. 

WE EXCLUDE ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND REPRESENTATIONS OF ANY KIND, EXPRESSOR IMPLIED, STATUTORY OR OTHERWISE IN CONNECTION WITHTHE SERVICES AND THE WEBSITE TO THE FULLEST EXTENT PERMITTED BY LAW.

ANY MATERIAL INCLUDING SOFTWARE DOWNLOADED FROM THIS WEBSITE OR AS PART OF THE SERVICES IS AT YOUR OWN RISK AND WE DO NOT ACCEPT LIABILITY FOR ANY DIRECT OR INDIRECT LOSS OR DAMAGE HOWSOEVER CAUSED AS A RESULT OF ANY COMPUTER VIRUSES, BUGS, TROJAN HORSES, WORMS, SOFTWARE BOMBS OR OTHER SIMILAR PROGRAMS ARISING FROM YOUR USE OF THIS WEBSITE. WHILST WE WILL DO OUR BEST TO ENSURE THAT THE WEBSITE IS FREE FROM SUCH DESTRUCTIVE PROGRAMS, IT IS YOUR RESPONSIBILITY TO TAKE REASONABLE PRECAUTIONS TO SCAN FOR SUCH DESTRUCTIVE PROGRAMS.

ANY HYPERLINKS TO THIRD PARTY SITES PROVIDED VIA THIS WEBSITE EXIST FOR INFORMATION AND PROMOTIONAL PURPOSES AND YOUR CONVENIENCE ONLY. WE DO NOT ENDORSE THE CONTENT OF SUCH SITES. WE ARE UNABLE TO ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE ARISING DIRECTLY OR INDIRECTLY FROM THE CONTENT OF SUCH SITES.

WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THIS SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, OR WILL BE UNINTERRUPTED, CONTINUOUS, TIMELY, SECURE, OR ERROR OR VIRUS FREE; NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THIS SITE, THE SERVICE OR THE CONTENT IN TERMS OF ITS CORRECTNESS, COMPLETENESS, AVAILABILITY, ACCURACY, RELIABILITY OR OTHERWISE, OR IN CONNECITON WITH SUBMISSOIONS. YOUR USE OF THIS SITE, THE SERVICE AND CONTENT, IS AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING CONSEQUENCES.

Without limiting the foregoing, we cannot and do not assure that other members of the Site are or will be complying with this Agreement, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

We agree to publish and advertise user submissions (songs, lyrics, text) on behalf of our users and in accordance with our terms and conditions.

UNDER NO CIRCUMSTANCES SHALL WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES

a.             ARISING FROM ANY PERCEIVED OR ACTUAL COPYRIGHT INFRINGEMENT ARISING AS A RESULT OF SUCH PUBLICATION OR ADVERTISEMENT. (In any dispute relating to copyright infringement, where submissions have been published on our website and later used without authorization by another party. The dispute is ALWAYS between the copyright owner and the unauthorized party, we are exempt from any responsibility, losses or damages arising from such disputes).  

b.             OUT OF THE USE OR THE INABILITY TO USE THIS SITE OR THE SERVICE 

c.             FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES,

d.             RESULTING FROM ANY INACCURACIES OR ERRORS OF INFORMATION RECEIVED AS A RESULT OF USING THIS SITE OR THE SERVICE, OR

e.             STATEMENTS OR CONDUCT OF ANY THIRD PARTY ONTHIS SITE OR THE SERVICE; IN EACH CASE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REPUTATION, GOODWILL, USE, DATA OR OTHER INTANGIBLE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, whether based on contract, tort, negligence, strict liability or otherwise.