Terms of use

Achieved Music Pty Ltd (ABN 93 645 282 266) (Achieved Music) owns, operates and maintains this Website, www.Achievedmusic.com and the content contained therein, and asserts its copyright.

These Terms and Conditions of Use incorporate Achieved Music’s Privacy Policy.

The Website is an online platform for the sale and purchase of Recording Services provided by users.

  1.       Accessing this Website

1.1     By accessing this Website, you agree to be bound by these Terms and Conditions of Use. If you do not agree with any of these terms and conditions, you are prohibited from using or accessing the Website or accessing the Services. The materials contained in this website are protected by applicable intellectual property law.

1.2     Use of parts of the Website (including those parts of the Website which are accessible to members of the public) also may be subject to disclaimers or additional terms and conditions.

1.3     Achieved Music may in its sole and absolute discretion, for any reason or no reason, and without notice:

(a)     alter or withdraw any functionality on the Website;

(b)     withdraw or suspend access to all or any part of the Website and any account;

(c)     monitor the use of the Website;

(d)     subject to any applicable laws, treat any material that you transmit or display as non-confidential and non-proprietary; and

(e)     edit or remove any material that you may have uploaded, posted, emailed or otherwise transmitted to the Website.

  1.       Services provided by Achieved Music

2.1     Achieved Music operates the Website as an online platform and marketplace for you to purchase sell or buy Recording Services via a Listing for the Price displayed on the Website.

2.2     We do not endorse or approve the supply or offer to supply Recording Services in breach of any third-party terms and conditions and does not encourage the breaching of contractual terms agreed with a third-party.

2.3     If you believe that Achieved Music may be infringing a third-party’s Intellectual Property rights, please contact us immediately on ‘info@achievedmusic.com.au’, for our review of the matter and if necessary, rectification.

2.4     We provide the Website platform and facilitate payment through our payment partner only. We do not provide Recording Services. Providers are solely responsible for the accuracy of Listings, and we are unable to verify if the Recording Services will be available as described in the Listing.

2.5     Achieved Music accepts no liability for any aspect of user interaction, including but not limited to the description of the Recording Services offered, communication between users, and the behaviour of a user, either on the Achieved Music platform or in connection with Recording Services.

2.6     Achieved Music may but has no obligation to any user to assist in any way in any dispute between users.

2.7     All information related to the Recording Services is supplied by the Provider. Achieved Music does not have any ability, and does not undertake any responsibility to review, approve or verify any user-provided information prior to publication on the Website or its social media platforms.

2.8     You expressly agree that Achieved Music has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by users.

2.9     Achieved Music makes no representation or warranty that:

(a)      any material on Website operated by Achieved Music will be relevant, accurate, reliable or complete (nor does Achieved Music accept any responsibility arising in any way for errors in, or omissions from that material, even if those errors or omissions occur on account of Achieved Music ’s negligence or gross negligence); or

(b)      that access to the Website will be timely, secure or uninterrupted.

2.10    Use of, or reliance upon the material on the Achieved Music platform is entirely at your own risk. You agree to confirm and verify any material in a Listing before acting on the information.

2.11    Any third-party name, contact details, hyperlink or trade mark depicted on the Website is for information purposes only and is not intended, and nor shall it be, an endorsement or a recommendation by or on the part of Achieved Music of any Recording Service, person, product or service.

2.12   When a Buyer purchases Recording Services via the Website in connection with a Listing, a separate contract is created between the Provider and the Buyer. Achieved Music is not a party to this contract for services.

  1. User License – Website

3.1     Permission is granted to temporarily download any of the Website materials on the website for personal, non-commercial transitory viewing only.

3.2     Intellectual Property rights for software, scripts, programming code, animation, information, material and processes used on or connected with the Website are the sole property of Achieved Music, including without limitation, all copyrights and other proprietary rights inherent therein.

3.3     This is a grant of a license, not a transfer of title, and under this license you may not:

(a)     modify or copy the materials;

(b)     use the materials for any commercial purpose, or for any public display (commercial or non-commercial);

(c)     attempt to decompile or reverse engineer any software contained on the Website;

(d)     remove any copyright or other proprietary notations from the materials; or

(e)     transfer the materials to another person or “mirror” the materials on any other server. 3.4       Your license under this clause shall automatically terminate if you breach any of these Terms and Conditions of Use. In addition, Achieved Music may at its discretion, terminate the licence. Upon termination of the licence, you will have no right to view the Website or any of the content therein and you must destroy any downloaded materials in your possession or control, whether in electronic or printed format.

  1. Use of the Website

4.1     You must not, in connection with the use of the Website, act in a manner which:

(a)     is contrary to any law or any third-party’s rights, or which may encourage a person to act in a way which is contrary to any law or any third-party’s rights;

(b)     may result in damage to the Website or any property or equipment of Achieved Music, its directors, employees, contractors or agents;

(c)     may restrict, disrupt or inhibit any other user from using or enjoying the Website;

(d)     endangers the health or safety of any person;

(e)     may cause an interference to any business conducted by Achieved Music;

(f)      upload, post, email or otherwise transmit any of the following to, or through, the Website:

(i)      confidential material;

(ii)     misleading or deceptive material;

(iii)     material which you do not have a right to upload, post, email or otherwise transmit, such as material which is protected by copyright, patent, trade mark, service mark, or any other proprietary right, without first obtaining express permission from the owner of the material or relevant right holder and providing with the material appropriate acknowledgement of existence of the right and the permission of the right holder; or

(iv)     material which contains a virus, or other harmful or potentially harmful code;

(g)     alter, damage or delete any material on the Website;

(h)     hold yourself out as having any authority to act on behalf of us; or

(i)      collect or store personal information about other users in a manner which is inconsistent with these Terms and Conditions of Use.

4.2     You must obey any lawful instruction of Achieved Music in using the Website.

4.3     You consent to Achieved Music’s use of transaction monitoring and fraud detection techniques to ensure the integrity of the Website.

  1. Accounts

5.1     An account is necessary for the purchase of Recording Services. We will provide a facility to create an account. You must create a username and a password and by providing such information as may be required by Achieved Music including your real name, contact telephone number, billing address, bank account details and a valid credit or debit card that we approve and accept (Account).

5.2     Account names must not be:

(a)     misleading or deceptive;

(b)     offensive;

(c)     in violation or any law or third-party rights.

5.3     Achieved Music may, at its sole discretion and for any or no reason, refuse registration of, or cancel an Account.

5.4     You are solely responsible for activity on the Account and shall be responsible for maintaining the confidentiality of the Account password. No sharing of Accounts is permitted.

  1. Recording Services Listings

6.1     Providers will set, and are responsible for the accuracy of:

(a)     the Price;

(b)     description;

(c)     delivery and quality of performance;

of the Recording Services as set out in a Listing.

6.2     You are responsible for the health and safety of each person attending when you supply the Recording Services, and you should consider appropriate insurances. Achieved Music does not verify or assess the premises from which you supply the Recording Services, and you indemnify us from all claims in relation to a breach of applicable health and safety laws and regulations, and for any injury to or the death of a third-party in relation to a Listing or the Recording Services.

6.3     Before being approved to submit a Listing, you may be required to be verified including by submitting to us:

(a)     photographs of equipment;

(b)     proof of identity; and

(c)     working with children checks (if minors are in attendance during Recording Services)

but we do not make any commitment to verify a user of the Website.

6.4     Achieved Music may at its sole discretion for any reason or no reason, terminate any Listing at any time without notice to you.

6.5     Achieved Music will charge you the Listing Fee as set out on the Website. The Listing Fee will be deducted from the Price paid by the Buyer, and the balance will be remitted to your nominated financial institution.

6.6     When a Buyer pays for the Recording Services offered by you in a Listing, you are committing to a contractual obligation to supply Recording Services for the Price, and to make such additional payments as may be required, including those imposed by Achieved Music, its payment partners and your financial institution.

6.7     You agree that you will consider all disputes by a Buyer in good faith and will seek to independently resolve any dispute directly with the Buyer without unreasonable delay. You indemnify us from any claim, loss or damage in relation to a dispute with a Buyer to the extent that the dispute was not caused or contributed to by us.

  1. Buying Recording Services

7.1     You should carefully read the full Listing details for each of the Recording Services before purchase.

7.2     You click to buy the Recording Services, enter your payment information and confirm the purchase of Recording Services and if applicable, the date on which you wish the Recording Services to be provided. Upon confirming a purchase, you are committing to a contractual obligation to buy Recording Services for the Price, and to make such additional payments as may be required, including those imposed by Achieved Music, its payment partners and your financial institution.

7.3     Prices displayed on a Listing are exclusive of all applicable GST and may be subject to third-party transaction fees.

7.4     All payments must be made, and will be taken, in Australian dollars.

7.5     To the fullest extent permitted by law (and subject clause 7.6), and any published refund policy from time to time , all purchases are final and no refund or exchanges will be provided by Achieved Music. Unless proof of mistreatment or poor work is given Achieved Music may decide to reimburse your payments or provide a coupon for future sessions.

7.6     Nothing in this clause 7 is intended to limit, or limits, any rights you may have under the Competition and Consumer Act 2010 (Cth) (including under the Australian Consumer Law set out in Schedule 2 of that Act) or any other applicable consumer law.

7.7     You may raise a dispute with the Provider on the following grounds:

  • the Recording Services do not match the information provided on the Listing;
  • the Recording Services were defective; or
  • you were not permitted to use the output of the Recording Services on the basis of the authenticity or validity of the Recording Services.

7.8     You shall not raise a dispute where:

  • the Recording Services matches the information provided on the Listing;
  • you are not permitted to use the output of the Recording Services on some other basis apart from the defective nature of the Recording Services, its authenticity or validity;
  • the Recording Services provided did not meet your subjective expectations;
  • you were subject to an additional fee or charge in relation to the Recording Services or the use of the Recording Services where the possibility of an additional fee or charge was disclosed in these Terms and Conditions of Use, in the Listing or subsequently agreed between you and the Provider.

7.9     Notices of disputes must be made to the Provider as soon as is reasonably practicable, and you may copy us in any such notice.

7.10   You agree that you will seek to independently resolve any dispute directly with the Provider without unreasonable delay. You indemnify us from any claim, loss or damage in relation to a dispute with a Provider to the extent that the dispute was not caused or contributed to by us.

7.11    We support access to Recording Services by persons with a disability or infirmity, but this may not always be possible for every Listing, as we do not control the premises from which Recording Services are provided. If access is a concern, you should contact the Provider of a Listing to check on the availability of access or any other special requirements before purchasing.

  1. Privacy

8.1     you agree that their personal information will be collected, handled, used and stored in accordance with Achieved Music’s Privacy Policy, which can be accessed at [insert web address].

8.2     Without limitation to the terms of our Privacy Policy, you agree to the collection and storage of the following personal and sensitive information, including:

  • identifying information such as name; and
  • contact information such as home address, home and mobile phone numbers

and email address

8.3     Achieved Music may use personal information collected from you to provide you with information, updates and our services. Achieved Music may also make you aware of new and additional products, services and opportunities available to you, provided by Achieved Music, our partners, service providers and customers. Achieved Music may use your personal information to improve our products and services and better understand your needs.

8.4     Achieved Music may contact you by a variety of measures including, but not limited to telephone, email, sms or mail.

8.5     Achieved Music may disclose a User’s personal information to any of our employees, officers, insurers, professional advisers, agents, suppliers, service providers customers or subcontractors insofar as reasonably necessary for the purposes set out in Achieved Music’s Privacy Policy. Personal information is only supplied to a third-party when it is required for the delivery of our services, or for marketing purposes.

8.6     Important: In the event of a dispute, you expressly authorise us to disclose your personal information to the other party involved in the dispute, on request.

  1. Your Intellectual Property

All material and content posted or submitted by you on the Website is your intellectual property. However, you grant us a free and irrevocable licence in perpetuity, its assigns and successors to use any part or the whole of any intellectual property, in any form, for any purpose it deems fit, including for advertising and marketing of the Website or any other products and services offered by Achieved Music, its related bodies corporate, partners, advertisers, suppliers or contractors.

  1. No warranties and limitation of liability

10.1   To the extent permitted by law, Achieved Music excludes all representations and warranties, express or implied, other than those contained in these terms and conditions. Where Achieved Music is found to be liable for breach of any warranty or condition implied by statute and which it cannot lawfully exclude (such as under the Competition and Consumer Law Act 2010 (Cth)), Achieved Music’s liability is limited (to the extent permitted by law) at its option to the following:

  • in the case of goods supplied or offered by it:
  • to the supply of those goods again; or

(ii)     to the payment of the cost of having those goods supplied again; or

(b)      in the case of services supplied or offered by it:

(i)      to the supply of the services again; or

(ii)      to the payment of the cost of having services supplied again.

10.2   Achieved Music, its related bodies corporate, its directors, and its employees accept no liability for any loss (including loss of revenue or anticipated profits, loss of goodwill, loss of business, loss of data, computer failure or malfunction), or injury or any direct, indirect, consequential, special, punitive, or other damages caused by or as a result of or in connection with:

(a)     your use of or inability to use the Website or Recording Services,

(b)     any virus or other harmful, or potentially harmful, code which may be transmitted in connection with use of the Website or Recording Services;

(c)     any information available on or through the Website or on or through any website to which there is a link from the Website; or

(d)     Achieved Music negligence or the negligence of any of its related bodies corporate, directors, officers, shareholders, employees, provider institutions or agents.

10.3   You indemnify Achieved Music, its related bodies corporate, their officers and employees, and service providers) from and against all:

(a)     liability to any third-party;

(b)     damage to property; and

(c)     other liability, damage or loss;

insofar as the injury, damage or other liability, damage or loss is attributable to your negligence, breach of these terms and conditions, or unlawful or wilful action in connection with these terms and conditions, their performance, or the failure to perform them.

  1. Revisions and Errata

The materials appearing on the Website could include technical, typographical, or photographic errors. Achieved Music does not warrant that any of the materials on its website are accurate, complete, or current. Achieved Music may make changes to the materials contained on its Website at any time without notice. Achieved Music does not, however, make any commitment to update the materials.

  1.     Links and Advertising

Achieved Music has not reviewed the sites linked to or from the Website or any third-party advertising. All links and advertising provided are for your convenience only, and Achieved Music is not responsible for the content of any such linked site or advertising. The inclusion of any link or advertising does not imply endorsement by Achieved Music of the site. Use of any such linked website or advertising is at your own risk.

  1. Website Terms of Use Modifications

Achieved Music may revise these terms of use for its website at any time without notice. By using this Website, you agree to be bound by the then current version of these Terms and Conditions of Use.

  1.     Governing Law

Any claim relating to these Terms and Conditions of Use or the use of the Website or Services shall be governed by the laws of the State of New South Wales, Australia without regard to its conflict of law provisions, and you agree to submit to the jurisdiction of the Courts of that State.

  1. Severance

If any provision of these Terms and Conditions of Use is held invalid, unenforceable, or illegal for any reason, these terms and conditions remain otherwise in full force and effect apart from such provision which will be read down to the extent of the invalidity, unenforceability or illegality, and if it is not possible to read down the provision it, will be deemed deleted.

  1. Definitions

Account has the meaning set out in 5.1.

Buyer means a person who wishes to purchase Recording Services as set out in a Listing.

Intellectual Property includes trademarks, patents, copyrights, processes know-how, registered designs or other like rights or any right to apply for registration of any of the former.

Listing means a listing on the Website displaying the Recording Services and related information including the price, descriptions and the specific services offered by the Provider.

Price means the price as set out in the Listing for Recording Services.

Provider means a person who offers to supply Recording Services as set out in a Listing.

Recording Services means audio recording services and / or production offered by a Provider as described in a Listing, and which is available for purchase by a Buyer.

We or us means Achieved Music.

Services means the provision of a platform for the purchase of Recording Services.

Website means the domain http://www.achievedmusic.com,au and all sub-domains.

You or you means any person accessing the Website or Services provided by Achieved Music.