Terms of Use

OneMusic New Zealand Terms of Use

 

  1. Background

OneMusic NZ is a joint licensing initiative between APRA New Zealand Limited and Recorded Music NZ (previously known as PPNZ Music Licensing). It exists to deliver the most efficient, comprehensive licences to music users in New Zealand and to provide fair returns to music writers, music publishers, recording artists and their record companies for the use of music and recordings of music.

OneMusic is a trading name of APRA New Zealand Limited (APRA NZ), which is offering licensing services under licence from Recorded Music NZ.

  1. OneMusic

These Terms of Use (terms) relate to the OneMusic NZ website, www.onemusicnz.com (website).

The website is operated by APRA NZ and provides users with information and services relating to OneMusic NZ 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 NZ 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 NZ 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 NZ is not responsible for the conduct, whether online or offline, of any user of the website. While APRA NZ 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 NZ 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 NZ cannot guarantee that:

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

APRA NZ 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 NZ to you is limited to supplying the services again or paying the cost of having the services supplied again.

  1. 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:

  • 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.
  • all information that you provide on the website is true, accurate, current and complete; and
  • 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 NZ, you acknowledge and agree that:

  • APRA NZ 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;
  • if APRA NZ reasonably forms the view that the information is materially incorrect, we may, at its discretion:
    • take appropriate steps to rectify our records;
    • 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
    • take any other action permitted under the terms of your licence(s), including termination;
  • 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.

  1. 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 NZ. OneMusic NZ is a registered trade mark of APRA NZ. 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 NZ. APRA NZ 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 NZ 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 NZ 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.

  1. Payments, Refunds and Returns

All licence fees and monetary amounts referred to on this site [www.OneMusicNZ.com] are quoted in New Zealand dollars unless specifically stated otherwise.

All payments made to APRA NZ are subject to these terms and the terms and conditions of your licence agreement. Payments made in error must be notified in writing to APRA NZ within 14 days of the transaction.

All payments submitted through the OneMusic NZ website are processed by SecurePay. APRA NZ does not store or retain any credit card data.

To protect cardholder data SecurePay 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.

  1. 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 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 the Portal, or any other misuse of your User ID, you must immediately notify APRA NZ of such use.

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

  1. Privacy

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

There may be cookies or other data collection or tracking technology on some pages of the website to provide the service and help APRA NZ assist users each time they return. Information that may be collected by APRA NZ 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 may not operate correctly without cookies enabled.

The data collected from cookies enables APRA NZ 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 NZ and will not be shared with or sold to other parties.

APRA NZ 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.

  1. Jurisdiction

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

  1. Other

The failure of APRA NZ 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 APRA NZ immediately by email at info@onemusicnz.com.