WEBSITE TERMS AND CONDITIONS OF USE
1. About the BuyTunes.online
(a) Welcome to BuyTunes.online. BuyTunes.online provides you with an opportunity to browse and purchase Music Downloads that have been listed for sale through the Website. BuyTunes.online provides this service by way of granting you access to the Music Stores in our fair Trade Marketplace that sell the downloads.
(b) The Website is operated by BuyTunes.online. Access to and use of the Website, or any of its associated Music Downloads, is provided by BuyTunes.online. Please read these terms and conditions (the ‘Terms’) carefully.
By using, browsing and/or continuing to read the BuyTunes.online, you signify that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you may continue to view the Website but must cease usage of any of the Website Services, immediately.
(c) BuyTunes.online reserves the right to review and change any of the Terms by updating this page at its sole discretion. When BuyTunes.online updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
The Agreement
This Term of Use agreement (the “Agreement”) specifies the Terms and Conditions for access to and use of BuyTunes.online hereinafter known as (the “Site”) and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by BuyTunes.online upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms here at any time. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Registration to Purchase Music Downloads
(a) In order to access the Music Downloads, you must first register as a user of the Website. As part of the registration process, or as part of your continued use of the Music Downloads, you may be required to provide personal information about yourself (such as identification or contact details), including:
(b) You warrant that any information you give to BuyTunes.online in the course of completing the registration process will always be accurate, correct and up to date.
(c) Once you have completed the registration process, you will be a registered member of the Website (‘Member’) and agree to be bound by the Terms. As a Member you will be granted immediate access to any Music Downloads you have purchased.
(d) You may not use the Music Downloads and may not accept the Terms if:
(a) you are not of legal age to form a binding contract with BuyTunes.online; or
(b) you are a person barred from receiving the Music Downloads under the laws of Australia or other countries including the country in which you are resident or from which you use the Music Downloads.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following: You will use the Music Downloads only for purposes that are permitted by:
(i) the Terms;
(ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(iii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Purchased Music Download Service;
(iv) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify BuyTunes.online of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(v) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of BuyTunes.online providing the Purchased Music Download Service;
(vi) you will not use the Purchased Music Download Service or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Purchased Music Download Service. Appropriate legal action will be taken by BuyTunes.online for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Purchased Music Download Service is prohibited.
5. Purchase of Products and Returns Policy
(a) In using the Purchased Music Download Service to purchase a Music Download through the Website, you will agree to the payment of the purchase price listed on the Website for the Music Download (the ‘Music Price’).
(b) Payment of the Music Price may be made through (the ‘Payment Gateway Provider’).
In using the Purchased Music Download Service, you warrant that you have familiarised yourself with, and agree to be bound by, the applicable Terms and Conditions of Use, Privacy Policy and other relevant legal documentation provided by the Payment Gateway Providers.
(c) Following payment of the Music Price being confirmed by BuyTunes.online, you will be issued with a receipt to confirm that the payment has been received and BuyTunes.online may record your purchase details for future use.
(d) BuyTunes.online may, at their sole discretion, provide a refund on the return of the Products within days where the Product packaging is unopened and remains in a saleable condition. You acknowledge and agree that you are liable for any postage and shipping costs associated with any refund pursuant to this clause.
6. Copyright and Intellectual Property
(a) The Website, the Purchased Music Download Service and all of the related products of BuyTunes.online are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, audio downloads and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by BuyTunes.online or its contributing artists.
(b) BuyTunes.online retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
(a) the business name, trading name, domain name, trade mark, registered design or copyright of BuyTunes.online; or
(b) the right to use or exploit a business name, trading name, domain name, trade mark; or
(c) a system or process that is the subject of a registered design or copyright (or an adaptation or modification of such a system or process).
(c) You may not, without the prior written permission of BuyTunes.online and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Content or third party content for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
7. Privacy
(a) BuyTunes.online takes your privacy seriously and any information provided through your use of the Website and/or the Purchased Music Download Service are subject to BuyTunes.online’s Privacy Policy, which is available on the Website.
8. General Disclaimer
(a) You acknowledge that BuyTunes.online does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Music Downloads other than provided for pursuant to these Terms.
(b) BuyTunes.online will make every effort to ensure a Music Download is accurately described and sampled on the Website.
(c) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(d) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
(ii) BuyTunes.online will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchased Music Download Service or these Terms (including as a result of not being able to use the Purchased Music Download Service or the late supply of the Purchased Music Download Service), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(e) Use of the Website, the Purchased Music Download Service, and any of the Downloaded Music of BuyTunes.online, is at your own risk. Everything on the Website, the Purchased Music Download Service, and the Products of BuyTunes.online, are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of BuyTunes.online make any express or implied representation or warranty about its Content or any products or Purchased Music Download Service (including the products or Purchased Music Download Service of BuyTunes.online) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
(ii) the accuracy, suitability or currency of any information on the Website, the Purchased Music Download Service, or any of its Content related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Purchased Music Download Service or any of the Music Downloads;
(iv) the Content or operation in respect to links which are provided for the User’s convenience;
(v) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
(vi) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
9. Limitation of Liability
(a) BuyTunes.online’s total liability arising out of or in connection with the Purchased Music Download Service or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Music Price paid by you under these Terms or where you have not paid the Music Price, then the total liability of BuyTunes.online is the resupply of information or Purchased Music Download Service to you.
(b) You expressly understand and agree that BuyTunes.online, its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
(c) BuyTunes.online is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchased Music Download Service, whether posted or caused by users of the website of BuyTunes.online, by third parties or by any of the Purchased Music Download Service offered by BuyTunes.online.
10. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by BuyTunes.online as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) notifying BuyTunes.online at any time; and
(ii) closing your accounts for all of the Purchased Music Download Services which you use, where BuyTunes.online has made this option available to you.
(c) Your notice should be sent, in writing, to BuyTunes.online via the ‘Contact Us’ link on our homepage.
(d) BuyTunes.online may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) BuyTunes.online is required to do so by law;
(iii) the partner with whom BuyTunes.online offered the Purchased Music Download Service to you has terminated its relationship with BuyTunes.online or ceased to offer the Purchased Music Download Service to you;
(iv) BuyTunes.online is transitioning to no longer providing the Purchased Music Download Service to Users in the country in which you are resident or from which you use the service; or
(v) the provision of the Purchased Music Download Service to you by BuyTunes.online is, in the opinion of BuyTunes.online, no longer commercially viable.
(e) Subject to local applicable laws, BuyTunes.online reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchased Music Download Service without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts BuyTunes.online’s name or reputation or violates the rights of those of another party.
(f) When the Terms come to an end, all of the legal rights, obligations and liabilities that you and BuyTunes.online have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
11. Indemnity
(a) You agree to indemnify BuyTunes.online, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms;
and/or
(iii) any breach of the Terms.
12. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
(i) Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the Crew of BuyTunes.online or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
13. Venue and Jurisdiction
(a) The Purchase Services offered by BuyTunes.online is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Australia.
14. Governing Law
(a) The Terms are governed by the laws of Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding
to the benefit of the parties hereto and their successors and assigns.
15. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
16. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
17. Warranty Disclaimer Terms as regards content on BuyTunes.online
You agree that BuyTunes.online has no fiduciary duty to you.
You acknowledge that BuyTunes.online has no control over, and no duty to take any action regarding: which users get access to BuyTunes.online; what Content you access on BuyTunes.online; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You release BuyTunes.online from all liability for you having acquired or not acquired Content through the Site.
The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. BuyTunes.online make no representations concerning any Content contained in or accessed on BuyTunes.online and will not be responsible or liable for the accuracy, copyright compliance, decency or legality of material contained in or accessed through BuyTunes.online.
Because Buytunes.online is not the buyer or seller in any Sales of Music between Musicians and Music Fans and we are not the agent of either for any purpose, we do not have the duty to resolve and will not be involved in resolving disputes between participants related to or arising out of any such Sales of Music. Musicians are individually responsible for compliance with all consumer rights laws applicable to their Music Sales, including in Australia, New Zealand, US, EU, UK and any other sovereign, regional, global or international Consumer Rights Laws.
TERMS AND CONDITIONS OF USE
1 Agreement
This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of BuyTunes.online hereinafter known as (the “Site”) and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by BuyTunes.online upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2 Privacy
Your visit to our site is also governed by our Privacy Policy. Please review our Privacy Policy at.
3 Compliance with Laws
You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
4. Use of Information
BuyTunes.online reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
5. Copyrights
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to BuyTunes.online.
(a) An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner’s behalf.
For Notice of claims of copyright infringement on the Site contact the music crew at Buy Tunes, who can be reached as follows at office@buytunes.online.
6. Severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
7. Waiver
The failure of BuyTunes.online to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by BuyTunes.online must be in writing and signed by an authorized representative of BuyTunes.online.
8. Relationship of the Parties
Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
9. Entire Agreement
This Terms of Use constitutes the entire agreement between you and BuyTunes.online and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
10. Contact Information
If you have any questions regarding these Terms of Use, please contact us at office@buytunes.online
