AUSTRALASIAN PERFORMING RIGHT ASSOCIATION
ABN 42 000 016 099 (APRA)
AUSTRALASIAN MECHANICAL COPYRIGHT OWNERS SOCIETY LIMITED
ABN 78 001 678 851 (AMCOS)
APRA AMCOS
These Terms of Use (terms) relate to the APRA AMCOS website at www.apraamcos.co.nz (website) and any apps operated by APRA AMCOS from time to time (together, online services).
The online services are operated by APRA AMCOS and provides users with information and services relating to the business activities of APRA AMCOS.
You are only authorised to access or use the online services if you accept and agree to these terms. Your continued use of any online services is acceptance of, and agreement to be bound by, these terms and any modifications.
APRA AMCOS may modify these terms from time to time and any such modification will be effective upon posting of the modification on the website.
APRA AMCOS reserves the right to exclude any users from accessing the online services if they are found to be in breach of these terms.
1. Limitations of Liability
APRA AMCOS is not responsible for the conduct, whether online or offline, of any user of the online services. While APRA AMCOS has no obligation to monitor any user’s use of the online services, 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 AMCOS 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 online services.
APRA AMCOS cannot guarantee:
(a) you will be able to access the online services at all times; or
(b) your access will be uninterrupted or secure; or
(c) information found on the online services will be reliable, current, accurate or complete; or
(d) the online services or server are free of viruses or bugs.
In no event will APRA AMCOS be liable to you or any third party for any indirect, consequential, incidental damages including lost profits or damages arising from your use of the website, your reliance on any information found on the online services, or any technical failures, delays in operation or transmission or malfunctions in equipment or software.
2. Obligations on user
Information posted on the online services is general information provided to assist users to understand the business operations of APRA AMCOS. It is not intended to be legal or management advice and should not be relied upon as such. You should seek independent advice for these purposes.
You warrant that you will not use the online services for any unlawful purpose and agree to abide by all applicable laws and regulations in addition to these terms.
3. Content on website
All material contained on the online services 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 AMCOS. APRA is a registered trademark of APRA. Other trademarks may be displayed on the online services from time to time. Like the material contained on the online services, these trademarks cannot be used without the express approval of the relevant owner.
Inclusion of any linked site on the online services does not imply approval or endorsement of the linked site by APRA AMCOS. APRA AMCOS does not monitor or review the content of any linked sites on the online services. You access any linked sites from the online services at your own risk and APRA AMCOS 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 online services.
While APRA AMCOS 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 online services.
4. 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 our privacy policy.
There may be cookies or other data collection or tracking technology on some pages of the online services to help APRA AMCOS assist users each time they return. Information that may be collected by APRA AMCOS 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.
The data collected from cookies helps APRA AMCOS to analyse browsing patterns of users in order to improve the content and design of the online services. The information collected from these cookies is for the exclusive use of APRA AMCOS and will not be shared with or sold to other parties.
5. Jurisdiction
The online services and these terms 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.
6. Indemnity
You agree to indemnify APRA AMCOS, its subsidiaries and affiliates, and their respective officers, agents, partners, employees and contractors, harmless from any loss, liability, claim, or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of your use of the online services in breach of these terms.
7. Payments, Refunds and Returns
All licence fees and monetary amounts referred to on the website are quoted in Australian dollars unless specifically stated otherwise.
All payments made to APRA AMCOS are subject to the terms and conditions of your licence agreement. Payments made in error must be notified in writing to APRA AMCOS within 14 days of the transaction.
All payments submitted through the online services are processed by National Australia Bank using NAB Transact. APRA AMCOS 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.
8. Other
The failure of APRA AMCOS 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 online services, or any difficulty in accessing or using the website, please contact APRA AMCOS immediately by email on [email protected].