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Getmusic

Legal

Terms of Use

1. Introduction

Universal Music Australia Pty Limited (ACN 000 158 592) ("Universal", "we", "our" or "us") operates the Getmusic online music service ("the Getmusic store" or "Service"). Your access to and use of the Service is subject to these Terms of Use. Our related bodies corporate (as defined in the Corporations Act 2001 (Cth)), agents, representatives and licensors will be referred to individually and collectively as the "Universal Entities" in these Terms of Use. The primary website address for the Getmusic store is https://www.tuka.net.au/store/. This, and all associated sites linked to it by Universal, are referred to in these Terms of Use as the Website (the "Website").

2. These Terms of Use and Your Agreement with Universal

These Terms of Use (which incorporate the Music Download Rights and Privacy Policy), as amended or revised by us from time to time, apply to anyone visiting the Website or using the Service. They govern the provision of all the services, content, information, features, functions and activities offered by us to you in connection with the Website and Service. If you become an Account Holder, these Terms of Use form a legally binding agreement between you and Universal (the "Agreement").

3. Signing up to the Getmusic store

You do not have to sign up to visit the Getmusic store or the Website. However, you must register and become an Account Holder in order to purchase music, redeem vouchers and use certain features and functions of the Service and Website including the ability to upload material to the Website. To become an Account Holder you must explicitly acknowledge and agree to the Terms of Use as part of the registration procedure on the Website. The Terms of Use are published on the Website and are readily accessible.

An “Account Holder” is anyone who has signed up to the Service and has obtained a User ID to log into the Service. As an Account Holder you may set up a profile by giving us certain additional information, which we will refer to as your "Account".

Each Account Holder will have a unique User ID, which is the email address and confidential password you provide (or we may assign an initial password which you may change later) when you register ("User ID"). We may provide Account Holders with additional codes or passwords necessary to access and use certain features or functions of the Service or the Website.

As an Account Holder, you may also be required to submit your first and last name, email address, date of birth and your postcode and we may also require you to provide additional information for security or identity verification purposes. We may also ask you to provide us with information about yourself which is optional, but will enable us to customise the Getmusic store experience for you. We will indicate what information is required and what information is optional. The information you provide to us in the registration process, as well as any information you provide during the course of using the Getmusic store as an Account Holder is "Account Holder Information".

Your User ID is personal to you. You may change your User ID, update your Account Holder Information and any personal information you have given us, however, certain personal information, such as your date of birth, cannot be changed unless you contact us at contact@uma-sites.com.au and provide sufficient verification that your date of birth entry was mistakenly entered.

We will use your personal information in accordance with our Privacy Policy (which you can access at https://www.tuka.net.au/store/legal#privacypolicy).

4. Content

“Content” means all content including music, audio, video, text, illustrations, images, photographs, animations, data, information, software, databases, designs, other proprietary information and materials and all copyright protected or otherwise legally protectable elements of the Service, software and Website, tangible or intangible, including the selection, sequence, 'look and feel' and arrangement of items, as well as all copyright and other rights in other intellectual property which you may encounter in connection with the Getmusic store, the Website or the software and, unless the context otherwise requires, includes Physical Products.

The Getmusic store provides you with different options to sample, stream, use and download Content. A "stream" refers to Content you can play while you are connected to the Getmusic store on the Internet. A "sample" stream refers to less than the entire Content available, usually provided on a promotional basis, without charge. A "full" stream refers to full or continuous Content and usually requires you to pay a separate fee.

A "download"refers to Content you may save to fixed storage media in your personal computer or portable devices, and play back. You may purchase"permanent" downloads on an a la carte basis from the Getmusic store. Permanent downloads are subject to certain licensing and use rights restrictions, however, you may continue to play permanent downloads that you lawfully downloaded as an Account Holder, even if and when you are no longer an Account Holder of the Getmusic store.

5. Your conduct and using the Content

Your use of the Content is subject to these Terms of Use and you may not directly or indirectly reproduce, modify, display, broadcast, perform, transfer, distribute or use Content in any manner that is inconsistent with the Terms of Use or any laws or regulations that apply.

You agree to copy, record, play back and download only Content for which you have the necessary authorisation, permissions and licences.

Account Holders are allowed to transfer certain Content to their personal computer, transfer Content from their personal computer to certain enabled and compatible portable devices, and burn downloads to CDs, in accordance with our Music Download Rights.

Downloads available from the Getmusic store and the Service are generally in MP3 format with a bit rate of 256kps and are compatible with Windows Media Player and many portable devices, including iPods.

You are prohibited from sharing downloads with or enabling or allowing the sharing of downloads with any other person.

Digital Rights Management, intellectual property and/or security technology protections may be provided with or in the Content and you must not directly or indirectly circumvent, reverse engineer, decrypt, or otherwise alter, modify, restrict or interfere with such protection or any of the means by which we monitor and administer these protections or rules.

All Content belongs to Universal, the Universal Entities, or their respective licensors, suppliers, operational service providers or advertisers, and is legally protected under Australian Commonwealth and State laws, as well as applicable foreign laws, regulations and international treaties.

The Getmusic store, the Website, the software and all Content are provided solely for your non-commercial, non-exclusive personal use.

Your rights are non-assignable, non-transferable and limited to those specifically and expressly granted to you by us.

You must not alter, delete, or conceal any copyright or other notices.

You must not, nor will you allow any third party to, reproduce, modify, edit, create derivative works from, display, perform, publish, distribute, communicate, disseminate, broadcast or circulate to any third party or otherwise use, any Content without the express prior written consent of Universal or the owner of such Content if Universal is not the owner.

Nothing must be construed as assigning, transferring or granting to you, any right, licence or interest in or to the Getmusic store, the Content, the Website or any software, except for the specific, restricted and limited rights granted to you under the Terms of Use.

Any use of the Getmusic store, the Content, the Website or any software that is not expressly permitted under the Terms of Use is strictly prohibited.

Portions of the Getmusic store which manage digital rights in Content and which are installed on one or more of your computers may count the number of times you play downloaded Content or transfer downloaded Content to portable devices and will report that information to us.

It is your responsibility not to destroy or damage or lose the downloaded Content, as we are not responsible for any Content you download that is lost, damaged or destroyed.

You are solely responsible for all Content that you download from the Service. We are not obliged to maintain a record of the Content you download and we will not be liable or responsible for failing to do so.

If we no longer have the right to make certain Content available, for any reason and at any time, you will no longer be able to obtain or use that Content from the Getmusic store, even if you originally obtained it from us.

6. Purchasing Physical Products

“Physical Product” means any physical goods such as CDs, DVDs, merchandise, LPs and any other tangible products.

Transactions made in connection with the Service or the Website are subject to these Terms of Use and any terms, conditions or requirements specified at the time of purchase or referred to in these Terms of Use at that time. If there is a conflict with these Terms of Use and any other terms, conditions or requirement, these Terms of Use will prevail.

Orders: You may place an order to purchase Physical Products by following the instructions on the Website. Any order placed by you is an offer to purchase on these Terms of Use a particular Physical Product for the price (including delivery and other charges and taxes) stated on the Website at the time the order is placed. the Getmusic store reserves the right to reject or accept your offer for any lawful reason. After acceptance of the order, the Getmusic store may cancel an order if the Physical Product is unavailable, if the payment made is invalid or inoperative, or if the Getmusic store suspects that the order is in furtherance of unlawful conduct. In the event of a cancelled order, the Getmusic store will promptly refund any payments processed.

Delivery: The delivery information in the FAQ section of the Website applies to deliveries of Physical Products. Delivery times cannot be guaranteed and any stated delivered times are only estimates. the Getmusic store will have no liability in respect of any deliveries which are outside the estimated delivery times.

Title: The Getmusic store will retain title to the Physical Products you order until you have made payment in full for those Physical Products, but all risk in the Physical products will pass to you upon their delivery to, or collection by, a postal or courier service.

Returns: The returns and refund information contained in the FAQ section of this Website applies to returns of Physical Products.

7. Pre-order

From time to time you may be able to pre-order Content in advance of its release date.

You must be an Account Holder to pre-order Content. These Terms of Use and any terms, conditions or requirements specified at the time you pre-order Content apply to all pre-orders and associated transactions. If there is a conflict with these Terms of Use and any other terms, conditions or requirement, these Terms of Use will prevail.

You may pre-order Content by following the instructions on the Website. By pre-ordering Content, you are authorising the Getmusic store to automatically charge you for the Content, and to download or deliver (as applicable) the Content, when and if the pre-ordered Content becomes available. Payment for pre-ordered Content will not be taken until the Content is downloaded or shipped (as applicable). the Getmusic store will issue you with an email confirmation and transaction invoice at the time at which payment is taken.

The Getmusic store reserves the right to reject or accept your pre-order for any reason, including unavailability, error in price or description or a defective order.

8. Vouchers

“Voucher” means a prepaid amount acquired for use in relation to the Website which may be used by the purchaser or acquired as a gift for a named recipient.

You must be an Account Holder to redeem Vouchers. Vouchers can be used to purchase Content using the Website or Service in accordance with these Terms of Use.

Vouchers expire 12 (twelve) months from the date the Voucher is first activated. It is your responsibility to use the full value of the Voucher before it expires. Any unused balances will be forfeited after the Voucher expires.

Vouchers may be used as payment for all or part of your order. If your order is less than the value of your Voucher, the unused balance of your Voucher will remain current on the Voucher for future purchases until the Voucher expires. If your order exceeds the amount of your Voucher, the Getmusic store will charge you the amount in excess of your Voucher by your selected payment method.

Vouchers and unused balances are not redeemable for cash and cannot be returned for a cash refund. Vouchers cannot be exchanged, transferred or used to purchase other Vouchers. The Getmusic store is not responsible for lost or stolen Vouchers. Lost or stolen Vouchers will be voided and are not redeemable.

The Getmusic store reserves the right to request alternative forms of payment if the Getmusic store considers, in its sole discretion, a Voucher has been fraudulently obtained or used to obtain Services.

9. Fees for Account Holder

Only residents of Australia are able to purchase Content using the Website or Service.

You authorise us to bill you for all purchases you make and for any other fees and charges you incur in connection with the Service. You must pay all fees and charges incurred in connection with your User ID (including any applicable taxes) at the rates and charges in effect and applicable when the fees and charges were incurred. All fees and charges are non-refundable.

You must designate PayPal or an authorised credit, charge or debit card when you make a purchase, and for billing and payment of fees. If requested, you must also provide us with additional billing and payment information including your name as it appears on the card and your billing address. We accept VISA®, MasterCard®, and PayPal. If purchasing Content, your payment information, including your billing address, must be located within Australia otherwise it will be rejected.

You warrant that you are the credit, charge or debit card or PayPal account holder or that you have the authority of the credit, charge or debit card or PayPal account holder to use the credit, charge or debit card or PayPal.

You must notify Universal of any discrepancies which appear on your invoice or billing statement within 60 days, otherwise billed amounts will be deemed to have been accepted by you and Universal will not responsible for any discrepancies.

You must pay Universal all reasonable solicitor-client legal fees and other relevant costs we incur to collect any overdue amounts from you. Your registration and Account Holder status may be cancelled and/or deactivated without notice if any payment is overdue. You must pay any outstanding balance in full within 10 days of any such suspension, cancellation, deactivation or termination.

The fees, charges and payments described in these Account Holder Terms of Use only include Australian GST. They do not include any other taxes, duties, government levies and other charges imposed by a taxing or other regulatory authority relating to your use of the Getmusic store. You are solely responsible for paying any such charges.

10. Your Responsibilities

You must not use or allow others to use the Site to upload, post, transmit, distribute, communicate or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any material that:

  • is unsuitable for children;
  • is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
  • contains, promotes, or provides information about unlawful activities or conduct;
  • is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
  • contains nudity, violence, or sexual acts or references;
  • poses or creates a privacy or security risk to any person;
  • you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
  • contains viruses, or other computer codes, files or programs which could interrupt, limit or destroy the functionality of other computer software or hardware; or
  • contains financial, legal, medical or other professional advice.

You must not use or allow others to use the Getmusic store, the software or the Website in any manner that may:

  • transmit (or authorise the transmission of) “junk mail”, “chain letters”, unsolicited emails, instance messaging, or “spam”;
  • harm, abuse, harass, stalk, threaten or otherwise offend;
  • solicit money or personal information from any person;
  • be unlawful, defamatory, offensive, pornographic, threatening or discriminatory;
  • affect us or any of the Universal Entities adversely or reflect negatively on us, the Getmusic store, the Website or any of the Universal Entities, or on their goodwill, name or reputation;
  • use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website;
  • breach any laws or regulations, infringe a third party’s rights or privacy, or be contrary to any relevant standards or codes;
  • use another person’s registration details, User ID or password without that person’s permission; or
  • tamper with, hinder the operation of or make unauthorised modifications to the Service or Website or the use and enjoyment of the Service or Website by other users.

If you are an Account Holder you may upload, transmit, post or otherwise make available any material via the Website. In order to become an Account Holder, you must acknowledge and agree that if you elect to upload, transmit, post or otherwise make available any material via the Website:

  • such material will be publicly available on the Website and other the Getmusic store sites operated by Universal (email contact@uma-sites.com.au for a list of these sites);
  • you grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material in any form or on any medium and for any purpose including as a testimonial by you;
  • you grant each user of the Website a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the material for any purpose subject to the Terms of Use;
  • you warrant that you have the right to make available such material and to grant the abovementioned licences; and
  • you will indemnify and hold Universal and Universal Entities harmless from any claims made by any third party due to, or arising out of, anything you upload, transmit or post to the website.

You are responsible for ensuring that your computer and devices, hardware and software ("Equipment") can connect to the Internet and are compatible with Windows Digital Rights Management.

11. Monitoring and Removal of Material

We may immediately and without notice to you review, moderate, modify, reformat, reject or remove any material which you upload, post, transmit or otherwise make available in our absolute discretion or where, in our opinion, it violates the Terms of Use or otherwise has the potential to harm, endanger or violate the rights of any person or to detract from others’ use or enjoyment of the Website.

We may disable access to the Getmusic store and portions of the Website that require User ID log-in, for anyone who infringes the intellectual property or other rights of anyone else or otherwise breaches the Terms of Use. If you believe the Website, the software or the Service contains elements that infringe your copyright in your work or anyone else's copyright, please contact us at contact@uma-sites.com.au.

You may request that any material that you have elected to make available via the Website be removed and that the rights granted to the Getmusic store to use or otherwise exploit that material cease to apply. The request should be made by using the Removal Request procedure on the Website. the Getmusic store will exercise reasonable endeavours to comply with a Removal Request within 48 hours.

12. Representations, Warranties and Consumer Guarantees

You acknowledge and agree that your use of the Getmusic store, the software and the Website is at your own risk subject to the rights and obligations that you and the Getmusic store have under the Australian Consumer Law and general law. You may also be able to use the Getmusic store to import files you have legally obtained elsewhere, and you may be able to use the Getmusic store or the software to play them. Such use is at your own risk and we cannot and do not warrant that the Getmusic store or the software will successfully import, play or support such files. You must ensure you have the right to use and play such files and content, independent of the Terms of Use, which do not grant you any rights in them.

We make no representation or warranty that any Equipment, including portable devices, will be compatible with the Getmusic store or the Website. We are not obliged to refund any purchases should your Equipment be incompatible.

Consumer guarantees under the Australian Consumer Law apply. We make no representation or warranty additional to those consumer guarantees.

13. Disclaimer and Limitation of Liability

To the fullest extent permitted by law, under no circumstances will Universal or any of the Universal Entities (including any of their directors, officers, employees, consultants, shareholders) be liable for any unauthorised use of the Getmusic store, the Website, software, Content, products or other goods or services, by you or anyone using your User ID, email address, password or other identification.

You expressly acknowledge and agree that Universal is not responsible for and accepts no liability in relation to, any other users of the Service or the Website, the providers of information, content, or ideas to the Service or Website, or the suppliers of goods and services purchased from the Service or Website. In particular, you acknowledge that we accept no responsibility for material that is posted or transmitted via the Website by you or other users. Universal accepts no responsibility for such persons’ opinions or behaviour, including any information or advice provided by them, any statements made by them, or any conduct on their part.

You further acknowledge and agree that in no circumstances other than breaches of the Australian Consumer Law will Universal be liable to you for any indirect, incidental, special or consequential losses or damages or for any loss of profits, goodwill, data or opportunity (whether such losses are direct or indirect) of whatever nature howsoever arising. In the event of any breach of the Australian Consumer Law the extent of liability is governed by that Law.

Universal is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Website, the Getmusic store or any Content.

The liability of Universal or Universal Entities (including any of their directors, officers, employees, consultants, or shareholders) in connection with goods or services supplied to you is subject to the Australian Consumer Law. Except in the case of a major failure to comply with a consumer guarantee, liability will at the election of Universal be limited to:

  • in relation to goods, the replacement or repair of the goods, the supply of equivalent goods, the payment of the cost of replacing or repairing the goods or the payment of the cost of obtaining equivalent goods; and
  • in relation to services, the supplying of the services again or the payment of the cost of having the services supplied again. For the avoidance of doubt, you acknowledge and agree that your use of the Service and Website does not include the supply of any telecommunications service by Universal, and any liability to re-supply the service or pay the cost of having the service supplied again, does not include the supply of, or payment for, any telecommunications service.

14. Indemnity

As an Account Holder ,you agree to indemnify and hold Universal and Universal Entities (including any of their directors, officers, employees, consultants, or shareholders) harmless from any claim made by any third party due to, or arising out of, your use of the Service, Content, software or Website, the breach of the Terms of Use by you, or the infringement by you, or other users of the Service or Website using your Account, of any intellectual property or other right of any person or entity. If you elect to upload, transmit or post any material to the Website, you also agree to indemnify and hold Universal and Universal Entities harmless from any claims made by any third party due to, or arising out of, anything you upload, transmit or post to the website.

You agree to fully cooperate with us in our defence of any claim or settlement negotiations.

15. Third Party Content and Sites

These Terms of Use do not cover your rights or responsibilities with respect to third party content or web sites or any links that may direct your browser or your connection to third party sites or pages.

Holders of rights to Content provided to Universal are third-party beneficiaries under these Terms of Use and they have the right to enforce the provisions that concern the protection of their intellectual property rights and ownership interests directly against you.

URLs or hyperlinks may appear on the Getmusic store or the Website. We do not endorse or have any responsibility for any such third party or third party sites you may visit or be directed to via a URL or hyperlink on the Getmusic store or the Website. In no event shall we assume or have any responsibility or liability to you for any third party obtaining or collecting personal information from you.

16. Security

As an Account Holder, you must maintain the confidentiality of your User ID and you agree to immediately notify us if you become aware of, or believe there is or may have been any unauthorised use of your User ID. You are solely responsible for any and all activity, behaviour, use or financial obligations that arise and all expenses, damages, liabilities and losses we incur unless and until we have had a reasonable opportunity to disable your User ID following you notifying us that your User ID may have been compromised.

We have the right to disclose your personal information, including your Account Holder Information to any authority, government official, credit reporting agency or third parties for the purpose of administering the Website and the Getmusic store or in connection with any investigation, proceeding or claim arising from any illegal action or infringement arising from your use of the Getmusic store or the Website.

17. Advertising

You may have contact with third parties such as our advertisers, sponsors, or promotional partners as a result of your use of the Getmusic store or the Website ("Advertisers"). All such contact, including the purchase of goods and services from Advertisers, is between you and the Advertisers and we are not responsible or liable to you in any way in connection with these activities or transactions.

18. Promotions and Marketing

Universal, Universal Entities and our operational service providers, suppliers and Advertisers may conduct competitions or other promotions on or through the Website ("Promotions"). The rules of any Promotion will be deemed to be incorporated into and form a part of the Terms of Use.

If you consent, Universal may send you special offers and news from time to time. You can opt out of receiving such messages by logging onto the Website or using the unsubscribe facility in the messages.

Account Holders may register for delivery of special offer for Promotions, news, programming and information delivered via mobile phone. You must register to receive this information on the Website or via your mobile phone, and by registering you are giving your consent to receive such information. Standard messaging rates will apply for all messages unless noted otherwise. We are not responsible for any mobile or email charges incurred by you or any other person who has access to your mobile phone, telephone number or email address. We may terminate any of the mobile marketing services at any time without notice.

19. Pop-ups

Pop-ups may be used on the Website to provide you extended information or to inform you about special offers, Promotions, suggestions and so on. If you want to receive such information you will need to set your pop-up blocker (if you have one) to accept pop-ups from the Website. While we will take care to prevent unauthorised pop-ups, we will not be liable for any unauthorised pop-ups which may appear as a result of your use of the Website.

20. Term

The Terms of Use remain in full force and effect for as long as you use the Service.

21. Termination by You

You may terminate your registration as an Account Holder, subject to the payment of all amounts outstanding, by notifying us at contact@uma-sites.com.au and providing your User ID information.

22. Suspension or Termination by Us

We may do either of the following, in whole or in part, at our sole discretion and without prior notice to you:

  • suspend, cancel and/or terminate your Account or status as an Account Holder; and
  • suspend, cancel and/or terminate your User ID and/or your use of the Service or the Website,

but this power of suspension or termination does not allow us to cancel an order after it has been accepted.

If you breach (or we reasonably believe you have breached) the Terms of Use, or if we determine (or have reason to believe) you are engaging in conduct that breaches any law or regulation or infringes upon our rights or the rights of any other person, we may deactivate, cancel, suspend or terminate any aspect of your use of the Service or the Website without notice to you and declare any and all fees that are outstanding to be payable immediately. We will have no further obligation to you and you will not be entitled to a refund of any fees you have previously paid.

Upon termination, suspension, deactivation or cancellation, any and all amounts due or becoming due on the date of such termination, suspension, deactivation or cancellation will be or become payable by you immediately.

You will continue to be bound by and required to comply with your obligations under the Terms of Use in the event that your use of the Service or Website is suspended or deactivated. You must also continue to comply with any obligations under the Terms of Use that survive the termination of your use of the Service or cancellation of the Service or Website.

23. Changes to the Terms of Use

We may change the terms and conditions of the Terms of Use from time to time by notice on our Website or by email to you. These changes are effective immediately and by using the Service or the Website after such notice has been given you agree to be bound by them. We may also modify, suspend or withdraw all or any part of the Service or Website, temporarily or permanently, with or without notice to you, and without any liability to you or any other party. If you believe a change to the Service or Website has materially affected your experience, please contact us at contact@uma-sites.com.au to discuss your concerns. We reserve the right to charge for access to or use of the Service or Website (or any part of these) in the future, or to require registration as an Account Holder at our sole discretion.

24. GST

Unless stated to be otherwise, charges referred to for any goods or services supplied (or offered for supply) via the Service and the Website are stated inclusive of GST. Where GST applies to any supply made to you, we will deduct the applicable GST and issue you with a Tax Invoice. GST means the Australian goods and services tax charged under A New Tax System (Goods and Services Tax) Act 1999 ("Act"). Tax invoice means tax invoice as defined by the Act.

25. Affirmation regarding age

By using the Service and the Website, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent to such use.

26. Miscellaneous

If any term or condition of the Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and if possible, that term or condition will be deemed amended or construed in such a manner to the extent necessary to render it legal, valid and enforceable.

Any provision of the Agreement which should survive in order to allow us to enforce its meaning and intent shall survive.

You may not transfer or assign the Agreement to anyone else and any attempt by you to do so will be null and void.

No employee, agent or other representative of Universal or a Universal Entity is authorised to make a representation inconsistent with these Terms of Use.

27. Governing Law

The Agreement is governed by the laws of New South Wales except to the extent that the Australian Consumer Law may require otherwise.

Date of last revision: 23 May 2012

Privacy Policy

Universal Music Australia Pty Limited (“UMA” or “we”) respects the privacy of the individuals it deals with, and is committed to complying fully with its obligations under the National Privacy Principles (“NPPs”), which are contained in the Privacy Act 1988 (“Privacy Act”). The NPPs govern how organisations like UMA handle personal information. “Personal information” is information or opinion about an individual that identifies the individual, or from which it is reasonably possible to determine the individual’s identity.

This Policy outlines the types of personal information UMA collects and explains how it collects, uses, discloses and holds that information. The Policy also explains how you can gain access to personal information that UMA holds about you and provides contact details for UMA. Finally, the Policy sets out the way UMA handles personal information online (i.e. on the internet) and how UMA uses and discloses personal information that it collects about individuals it deals with in the context of its business activities and relationships (our “business contacts”).

This privacy policy applies to all websites currently owned or operated by UMA including, but not limited to, the Umusic Website (“UMA Websites”).

1. How is Personal Information Used?

UMA is one of Australia’s largest producers and distributors of entertainment goods and services. For the purposes of this Policy, these are referred to as “our goods and/or services”.

The primary purpose for which UMA collects personal information is so that we can provide you with our goods or services and provide you with information in relation to our goods or services. UMA also uses your personal information for purposes incidental to these purposes including, without limitation, for the purpose of managing its relationship with you, communicating with you effectively and identifying which of our goods and services may interest you in the future, and if you consent, by providing you with special offers and newsletters related to the UMA Websites, artists or other promotions as the case may be.

UMA does not collect information it does not need. For example, UMA does not collect sensitive information (such as information about your health or political beliefs) because it does not need it in order to provide you with our goods or services.

2. What Personal Information does UMA Collect?

If you ask UMA to provide you with our goods or services (including signing up to join one of its clubs or mailing lists, submitting a competition entry form, applying for a job or choosing to receive promotional information), UMA may ask you to provide your name and contact details such as telephone number, postal address and email address. UMA may also ask you for additional information including, but not limited to, your age and entertainment preferences (e.g. what type of music you prefer).

You can refuse to provide UMA with the personal information that it requests from you. However, if you do not provide UMA with the personal information it requests, UMA may not be able to provide you with our goods or services.

If at any time you do not wish to be notified about goods, services or promotions offered by UMA, or if you do not wish to receive any further communications from UMA, you can opt-out of any, or all, UMA communications by directly contacting UMA. Details of how to contact UMA are set out in section 10 below.

3. How does UMA Collect Personal Information?

UMA collects personal information in a number of different ways. The most common ways in which UMA collects personal information, and the purposes for which that information is collected, are as follows:

  • Personal information is collected from artists and their agents, for the purpose of maintaining UMA’s relationship with those individuals and performing its contractual obligations and responsibilities.

  • Personal information is collected from application forms (including on UMA websites) when individuals apply to receive information, news and offers from UMA or become members of clubs run by UMA. This information is collected for the purpose of providing news, information, offers and other services to members.

  • Personal information is collected from competition entries and other promotions, for the purpose of running the competition or promotion and contacting the winner(s), and, if entrants/applicants do not tell UMA otherwise, for the purpose of sending information, news and offers in relation to our goods and services.

  • Personal information is collected from job applications (including on UMA websites) when individuals apply for jobs at UMA. This information is collected for the purpose of reviewing and assessing the individual’s job application.

  • Personal information is collected from order forms when UMA’s goods and services are ordered by distributors and retailers, for the purpose of fulfilling the order and delivering the goods, and to maintain its relationship with the individual concerned. Personal information collected in this context may include credit, charge or debit card details. If you provide this additional credit information it will only be used for the purposes of purchasing our goods or services.

  • Personal information is collected from online order forms when UMA’s goods or services are ordered by individuals, for the purpose of fulfilling the order and delivering the goods, and to maintain its relationship with the individual concerned. Personal information collected in this context may include credit, charge or debit card details.

  • Personal information is collected from telephone, email, written and in-person enquiries directed to UMA, for the purpose of responding to the enquiries.

  • Personal information is collected from UMA’s business contacts, including from contracts and business cards, when they enter into transactions with UMA or otherwise interact with UMA in a business context.

  • Personal information may be collected from UMA websites through automatic processes such as cookies, as discussed in section 9 below.

The remainder of this Policy focuses particularly on how UMA handles personal information about individuals who are consumers of our goods and services or who visit UMA websites. However, as noted above, UMA also handles information about people who do not fall within these categories:

  • UMA handles personal information about artists (e.g. musicians, actors, directors, software programmers and graphic designers) whose work is published and/or distributed by the UMA. Except where the Policy says otherwise, this personal information is generally handled in the same way as the personal information of consumers.

  • UMA also handles personal information about its business contacts (e.g. its suppliers, distributors and retailers). How UMA handles the personal information of its business contacts is discussed in section 8 below.

4. Will Personal Information be Given to Anyone Else?

Generally, UMA will not disclose personal information to individuals or organisations outside UMA without your consent. However, in the circumstances described below, personal information may be disclosed outside UMA.

  1. Outsourcing

    From time to time, UMA may provide information to other companies within the Universal Group that perform certain functions on its behalf. Any personal information transferred between Universal Group companies in such circumstances will be handled in accordance with the NPPabbr>’s and this Privacy Policy. UMA may also disclose personal information to third parties to whom it contracts out specialised functions (e.g. mailing houses, printing companies and event organisers). For example, when UMA conducts a promotion, it may enter into a contractual arrangement with a mailing house, which will be subject to a contractual obligation to distribute on UMA’s behalf information about its products, services or promotions. If UMA does disclose personal information to third party contractors under outsourcing or contracting arrangements, UMA will take steps to ensure that those contractors:

    1. handle your personal information consistently with the NPPs (regardless of whether they are a small business, or would otherwise be exempt from the Privacy Act);

    2. only use your personal information in order to provide the specific services or to perform the specific functions required by UMA; and

    3. store your personal information securely, and only for as long as is necessary to provide the required services or perform the required functions.

  2. Disclosures required or permitted by law

    UMA may also disclose personal information to individuals, corporations, organisations or government authorities without your consent if it is required to do so by law, or if the disclosure is permitted under the Privacy Act.

  3. Disclosures to credit providers and credit-reporting agencies

    If you purchase our goods or services, UMA may disclose personal information to credit providers for credit related purposes such as credit-worthiness, credit rating, credit-reporting and fraud-checking. If we disclose your personal information to credit providers you acknowledge that this information may be recorded on the credit information file that the external credit provider may maintain about you.

  4. Transfer of personal information overseas

    From time to time UMA transfers personal information to overseas companies, both in the Universal Group and externally. For example, this may occur in the course of booking overseas tours for artists contracted to UMA, or when we store personal information about customers, club members and competition entrants on servers that are hosted by a Universal Group or an external offshore company.

    If UMA does transfer your personal information overseas, we will take steps to ensure your personal information is given the same privacy protection in the destination country as it receives here in Australia.

  5. Personal information that you communicate or publish via UMA websites

    UMA recommends that you do not publish or communicate personal information accessible to the public via UMA websites unless you want that information to be seen by others.

    Any comments that you post on the Site will be published on the Site and any other Umusic sites operated by UMA.  These comments will be available to anyone on the Internet who is using the Site or other Umusic sites.  For a list of all current Umusic sites operated by UMA please contact the customer service team on contact@uma-sites.com.au.

    Should you choose to publish or communicate personal information, or select features on UMA websites that allow you to display, publish or communicate personal information about yourself to the public via UMA websites, you acknowledge that UMA cannot control the use of such personal information by others.

5. Access and Correction of Personal Information

Under the Privacy Act, you generally have a right to seek access to the personal information that UMA holds about you and the purpose/s for which it is being held. However the NPPs provide that there are some circumstances in which it is permitted or required to withhold access to some or all of that personal information. If UMA denies you access based on any of the exceptions set out in the NPPs it will endeavour, where appropriate, to inform you of the exception under which the denial falls.

You also have the right to ask UMA to correct personal information about you that you think is inaccurate, incomplete or out of date.

If you wish to exercise your right under the Privacy Act to seek access to the personal information UMA holds about you, UMA asks that you make a request in writing to its Privacy Officer (contact details are set out in section 10 below). Your request should state whether you are seeking access to all the personal information UMA holds about you or to particular personal information (in which case you should specify that in your request). You should also provide some form of identification (e.g. a photocopy of your driver’s licence or passport) so UMA can verify that you are the person to whom the personal information relates. You should also include details of how UMA can contact you in case it needs to discuss your request. If you need more information before making a formal request for access, please contact UMA’s Privacy Officer, who can explain how UMA will handle your access request and assist you in making that request.

UMA will assume (unless you tell it otherwise) that your request relates to UMA’s current records about you. These current records will include personal information about you which is included in UMA’s databases and in paper files, and which may be used by UMA on a day to day basis. To provide you with access to current personal information, UMA will ordinarily provide you with a print-out of the relevant personal information from its databases, or with photocopies of records which are held only on paper files. If personal information about you (e.g. your name and address details) is duplicated across different databases, UMA will generally provide you with only one printout of this information. Ordinarily, UMA will not charge you for the cost of providing this type of access to its records, and it will generally respond to access requests of this type within 30 days of receiving your request.

For legal and administrative reasons, UMA may also store records containing personal information in its archives. You may seek access to the records held by UMA which are not current records, but if you do so, UMA may charge you for the cost of providing access. It may also take UMA longer to respond to your request. Please contact the Privacy Officer to discuss your requirements.

If you think that any of the personal information UMA holds about you is not accurate, complete or up to date, please provide UMA’s Privacy Officer with your request for correction (contact details are set out in section 10 below). It is UMA’s policy to consider and respond to any requests for correction within 30 days of receiving the request.

If UMA agrees that your personal information is not accurate, complete and up to date, UMA will correct it for you. If it does not agree with your view, UMA will provide you with reasons for its view, and will provide you with an opportunity to make a statement of your view and have it included with the information.

6. Storage and Security of Personal Information

UMA takes reasonable steps to protect the personal information it holds and controls from such risks as loss, misuse, unauthorised access, destruction, modification or disclosure. The means of protection UMA uses includes, but is not limited to firewalls, password access, secure servers and encryption of credit card transactions. UMA only allows authorised personnel to access personal information, and it is a condition of employment with UMA that its employees maintain the confidentiality of personal information.

UMA cannot guarantee the security of online transactions and communications sent by electronic means or post. You are responsible for ensuring the confidentiality and security of, and for all activities which occur under, any username and/or password assigned to you by UMA in relation to a UMA Website, for the purpose of providing our goods or services to you, and in relation to any purposes incidental to the provision of our goods and services (including without limitation any unauthorised use of your credit card).

UMA protects the personal information it collects in a secure environment. In storing information, UMA takes a number of steps to protect personal information from misuse, loss, unauthorised access, modification or disclosure. UMA employees are required, as a condition of their employment, to treat personal information held by UMA as confidential, and to maintain the confidentiality of that personal information.  They are also required to use logins and passwords when accessing UMA systems. UMA imposes strict requirements of security and confidentiality on all third parties as to how they store and handle personal information.

7. Destruction and de-identification of personal information

Unless a legal requirement dictates otherwise, if UMA no longer requires the personal information it has collected from you for the purpose for which it was collected, it will take reasonable steps to destroy or permanently de-identify your personal information.

8. Business contact information

UMA collects a range of personal information about individuals from its business dealings with them, and with the organisations they work for. UMA’s policy is to only use and disclose this business contact information for purposes related to the business context in which the information was collected.

Individuals are entitled to access and request correction of personal information held about them in their business capacity (see section 5 above).

9. Online Privacy Issues

UMA will apply this policy to all personal information it handles, whether collected online or otherwise. To the extent that this Policy applies to online privacy issues, it is to be read as forming part of the terms of use for UMA websites. This section 9 is intended to provide more information about privacy for the users of UMA websites.

Generally, if you consent, UMA will use personal information collected online via a UMA Website, to send you special offers and newsletters from UMA. You can change your preference to receive UMA special offers or newsletters at any time by clicking on the unsubscribe link at the bottom of those communications or by logging on to the relevant UMA Website.

  1. Online collection of personal and non-personal information

    As outlined in section 3 above, UMA collects personal information through UMA websites when you sign up to receive information from UMA, join one of its clubs or when you contact UMA through its online enquiry forms.

    UMA websites may also collect other information that may or may not be personal information. Each time you visit a UMA website, its server automatically recognises and stores your “address” (e.g. your domain name or internet protocol address), the type of internet browser you are using, the address of the site that “referred” you to UMA websites and clickstream data.

    In addition, UMA websites use cookies to track usage of its websites. Most web browsers are set by default to accept cookies. However, if you do not wish to receive any cookies you may set your browser to either prompt or refuse cookies. Please note that rejecting cookies may mean that not all the functions on the UMA websites you visit will be available to you. UMA uses cookies for tracking the statistics of its websites. This allows UMA to better understand its users and improve the layout and functionality of its websites. This tracking is conducted in such a way as to ensure the anonymity of visitors to UMA websites. While the cookie may identify your computer, it should not identify you.

  2. Links to other websites

    Sometimes UMA websites contain links to third party websites for your convenience and information. You should be aware that when you access a non-UMA website, UMA is not responsible for the privacy practices or policies of that site. UMA suggests that you review the privacy policy of each site you visit, especially if you intend to provide any personal information via the site.

  3. Third Party Advertisements Online

    To try and bring you offers that are of interest to you, UMA have relationships with other companies that they allow to place advertisements on their web pages. If you visit a UMA Website, advertisement server companies may collect information such as your domain type, your IP address and click-stream information.

  4. Online Transactions

    If you make a purchase through a UMA Website, UMA will process your credit card details securely over the Internet using industry standard SSL (Secure Socket Layer) and encryption technology. With the combination of UMA’s SSL and encryption technology on the Site and a secure browser at your end, UMA will take all measures to ensure that your credit card and anonymity are protected when you purchase online via a UMA Website.

10. How to Contact UMA

If you have any questions or comments about this privacy policy, if you wish to access any personal information UMA holds about you, or if you wish to make a complaint about how UMA has handled personal information about you, please contact UMA’s Privacy Officer (who is the Head of Human Resources) by one of the following methods:

by telephone: (02) 9207 0500;
by email: HR.Australia@umusic.com; or
by letter: 150 William Lane, Woolloomooloo NSW 2011.

If, after making a complaint to UMA’s Privacy officer, you are not satisfied with the way UMA has handled your complaint, you can make a complaint to the Office of the Privacy Commissioner. For details on how to do this visit the Office of the Privacy Commissioner’s website at www.oaic.gov.au, email its Privacy Enquiries Line at enquiries@oaic.gov.au or phone 1300 363 992.

11. Changes to this Privacy Policy

This privacy policy may change from time to time. UMA will make this policy available to anyone who requests it. For further information about privacy issues and the protection of privacy visit the Australian Federal Privacy Commissioner’s website located at www.oaic.gov.au.

Last revised: 15 April 2013