Terms of Use

Terms of Use

These Terms of Use (terms) relate to the OneMusic Australia website, and licensing portal (together the “website”).

OneMusic Australia is a business name of the Australasian Performing Right Association Limited ABN 42 000 016 099 (APRA) and comprises a joint licensing initiative with APRA’s licensing partner, the Phonographic Performance Company of

Australia Limited ABN 43 000 680 704 (PPCA). The website is operated by APRA and trading as OneMusic Australia provides users with information and services relating to OneMusic Australia licensing.

You are only authorised to access or use the website if you accept and agree to these terms. Your use of the website is acceptance of, and agreement to be bound by, these terms and any modifications.

APRA may modify these terms from time to time and any such modification will be effective when we post notice of the modification on the website.

APRA reserves the right to exclude any users from accessing the website if they are found to be in breach of these terms.

1. Limitations of Liability

APRA is not responsible for the conduct, whether online or offline, of any user of the website. While APRA has no obligation to monitor any user’s use of the website, it does retain the right to at all times, monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. You will indemnify APRA if it suffers any loss or damage or incurs any costs in connection with any breach of these terms or any other legal obligation by you or your use of or conduct on the website.

APRA cannot guarantee that:

  1. you will be able to access the website at all times; or
  2.          
  3. your access will be uninterrupted or secure; or
  4.          
  5. information found on the website will be reliable, current, accurate or complete; or
  6.        
  7. the website, service or server are free of viruses or bugs.

APRA is not responsible or liable for any loss or damage incurred by you in connection with your use of the website or any part of it, other than as required by law.

Where liability cannot be excluded, the liability of APRA to you is limited to supplying the services again or paying the cost of having the services supplied again.

2. Obligations on user

Information posted on the website is not intended to be legal or management advice and should not be relied upon as such. Any licence you purchase may not be appropriate for your intended use. You should seek independent advice for these purposes.

You represent, warrant and undertake that:

  1. you will not use the website for any unlawful purpose and agree to abide by all applicable laws and regulations in addition to these terms.
  2.          
  3. all information that you provide on the website is true, accurate, current and complete; and
  4.          
  5. you have obtained all rights, clearances, consents, releases, waivers, and authorisations necessary to provide the information you give to us through the website.

By providing information to APRA, you acknowledge and agree that:

  1. APRA may require you to verify the information in the form of a statutory declaration and that it may also make its own enquiries to verify such information;
  2.          
  3. if APRA reasonably form the view that the information is materially incorrect, it may, at its discretion:
    1.            
    2. take appropriate steps to rectify our records;
    3.            
    4. deduct from any present or future monies owing to you the reasonable costs and expenses incurred in relation to the investigation of any incorrect information; and
    5.            
    6. take any other action permitted under the terms of your licence(s), including termination;
             
  4. quotes and licences generated by the website are based on information you provide. If the information you provide is misleading, inaccurate, or incomplete, the quote you receive or the licence you purchase may not be correct.

You remain solely responsible for the information you have provided through the website.

3. Content on website

All material contained on the website is protected by copyright. Other than downloading or printing for personal reference, you cannot copy, modify, translate, publish, communicate, perform, display, sell or reproduce the material in whole or part without the express approval of APRA. APRA and OneMusic Australia are registered trade marks of APRA. Other trade marks may be displayed on the website from time to time. These trade marks cannot be used without the express approval of the relevant owner.

Inclusion of any linked site on the website does not imply approval or endorsement of the linked site by APRA. APRA does not monitor or review the content of any linked sites on the website. You access any linked sites from the website at your own risk and APRA takes no responsibility for any actions taken by that third party in response to your communication with it via a link. Users are prohibited from unauthorised linking to the website.

While APRA makes every effort to ensure information is current and accurate, it makes no representations as to the currency or accuracy of any information contained on the website.

4. Payments, Refunds and Returns

All licence fees and monetary amounts referred to on this website are quoted in Australian dollars unless specifically stated otherwise.

All payments made to OneMusic Australia are subject to these Terms of Use and the Terms and Conditions of your licence agreement. Payments made in error must be notified in writing to APRA within 14 days of the transaction.

All payments submitted through the website are processed by National Australia Bank using NAB Transact. APRA does not store or retain any credit card data.

To protect cardholder data NAB Transact complies with the Payment Card Industry Data Security Standard (PCI DSS). The PCI DSS is the global data security standard that businesses must adhere to in order to accept payment cards.

Further information on PCI DSS can be obtained here.

5. User identification data and passwords

You must maintain the confidentiality of, and keep secure, the user ID and password issued to you to enable access to the website (User ID) and not share your User ID with any other person.

You accept full responsibility under these Terms of Use for any use of the website by a party in connection with your User ID that occurs as a result of your failure to maintain the confidentiality or security of your User ID. Should you become aware of such use of Portal, or any other misuse of your User ID, you must immediately notify OneMusic Australia of such use.

You must use best endeavours to ensure that there is no unauthorised use of your User ID.

6. Privacy

Use of the website is also governed by the OneMusic Australia Privacy Statement, which in incorporated into these terms by this reference and is available to be viewed by reading our privacy statement.

There may be cookies or other data collection or tracking technology on some pages of the website to provide the website service and assist users each time they return. Information that may be collected by APRA through the uses of cookies may include page impressions and incidences of use. You may set your browser to refuse cookies or warn you when a cookie is sent to you and this gives you more control over acceptance of them, however the website service may not operate correctly without cookies enabled.

The data collected from cookies enables APRA to provide the website service and helps it to analyse browsing patterns of users in order to improve the content and design of the website. The information collected from these cookies is for the exclusive use of APRA and will not be shared with or sold to other parties.

APRA may make a record of visits and log visits for statistical and business purposes. Such information may include a person’s server address, domain name, IP address, the date and time of visit and the type of browser used.

7. Jurisdiction

The website and these Terms of Use are governed by and must be interpreted in accordance with the laws of New South Wales. Each user and member unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

8. Other

The failure of APRA to exercise or enforce any right or clause of these terms does not operate as a waiver of such right or clause.

If you become aware of misuse of the website by any person, any errors in the material on the website, or any difficulty in accessing or using the website, please contact OneMusic Australia immediately by email on hello@onemusic.com.au.