Terms of Use

Terms of Use

These terms govern your access and use of www.ppca.com.au (the Site) and any application and any other website operated by PPCA from time to time (collectively referred to as the PPCA Sites). 

The PPCA Sites are provided to you by the Phonographic Performance Company of Australia Limited, Level 4, 11-17 Buckingham St, Surry Hills, NSW, 2010 (ACN 000 680 704) (PPCA).

By accessing and using the PPCA Sites, you agree to comply with, and to be bound by, these Terms of Use (as updated by PPCA from time to time in accordance with these Terms of Use). If you do not agree to these Terms of Use, you must not access or use the PPCA Sites.

PPCA reserves the right to amend these Terms of Use. Amendments will be effective immediately upon publication on this Site. Your continued use of the PPCA Sites following such publication will represent an agreement by you to be bound by the Terms of Use as amended. You should regularly check this page to take notice of any changes.

1.            Access to and Use of the PPCA Sites

Access to some or all of the PPCA Sites is permitted on a temporary basis, and PPCA reserves the right to monitor, modify, suspend, block, restrict, withdraw, terminate or amend your access without notice or liability to you. PPCA will not be liable if for any reason the PPCA Sites are unavailable at any time or for any period. The operation of the Terms of Use will survive any suspension or termination of your access to the PPCA Sites.

2.            Registration and Account Management

To access certain PPCA Sites, or parts of the PPCA Sites, you will be required to register an online account with PPCA. You accept and agree to the following:

• you are responsible for all activities that occur under your account or password;
• you will not sell, transfer or assign your user accounts;
• you will provide PPCA with complete and accurate registration information, including up-to-date contact information and banking information. Information provided by you to PPCA must not be fraudulent or misleading, must not infringe any third party’s rights, and/or must not violate any applicable law, statute, regulation or industry code of conduct;
• you are responsible for maintaining the confidentiality of your password, and must ensure that any security access codes (such as usernames and passwords) are kept confidential and secure from unauthorised access and are not used by, or disclosed to, any unauthorised person;
• you are responsible for any person you give access to your account. If your account or registration with PPCA is being managed on your behalf, PPCA may collect personal information about you from your representative. If you make a mistake when sharing documents or giving persons access to your account, you must immediately notify PPCA. If you believe you have made an error, please contact distribution.mail@ppca.com.au;
• you acknowledge that any users you invite to view your documents or edit your personal information, including contact and banking details, could impact the transfer of financial payments to you so it is your responsibility to carefully consider who you invite to undertake these activities or who you share this information with; and
• you are responsible for any consequential, actual or indirect losses, including loss of profits or damages, that arise from your of use of the PPCA Sites, including your use of your online account.

 

3.            Intellectual Property

The PPCA Sites and the information contained within the PPCA Sites are protected by copyright and trade mark laws and are proprietary to PPCA. PPCA reserves all intellectual property rights in the PPCA Sites and materials contained within the PPCA Sites.

You may only use the material contained within the PPCA Sites for informational purposes, and only for your own personal or internal corporate use. You must not reproduce, or communicate to third parties, the whole or any part of the PPCA Sites for commercial gain.

4.            Linked Sites

The PPCA Sites includes links to third party sites, which are provided for your information and convenience only. These third party sites may be developed and maintained by third parties over whom PPCA has no control. PPCA does not accept any responsibility for any third party site. PPCA also does not warrant the accuracy, completeness, legality and reliability of any third party site. PPCA does not make any other representation or endorsement in relation to any third party site or any content or service available at a third party site.

5.            Restrictions

You warrant that when using the PPCA Sites that you will not:

• transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious or technologically harmful;
• breach the confidence or privacy of any person or organisation (as applicable);
• infringe the intellectual property rights of any third party;
• use The PPCA Sites for the purposes of accessing, storing, distributing, providing (including to PPCA) or otherwise transmitting any material that, in PPCA’s sole opinion:
  • is unlawful, misleading, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive;
  • is discriminatory or promotes discrimination based on race, gender, skin colour, religious belief, sexual orientation or disability;
  • depicts sexually explicit images;
  • promotes unlawful violence; or
  • is otherwise unacceptable.
• hack into any aspect of the PPCA Sites, corrupt data or cause annoyance to other users;
• use any “deep-link”, “page-scrap”, robot or other automatic device, program, algorithm or methodology, or any similar equivalent manual process, to access, acquire, copy or monitor any portion of the PPCA Sites;
• send any unsolicited advertising or promotional material, including the distribution of “spam”;
• attempt to affect the performance or functionality of any computer facilities of or accessed through the PPCA Sites; or
• breach any applicable laws and regulations in addition to this Terms of Use.

6.            Privacy

In the course of using the PPCA Sites, you may be required to provide PPCA with personal or sensitive information. The PPCA Privacy Policy sets out how PPCA collect, handles, stores and allows access to personal and sensitive information.

You will have been taken to have read and accepted the Privacy Policy when you accept these Terms of Use by using the PPCA Sites.

7.            Liability

To the fullest extent permitted by law, the PPCA Sites and the information contained within the PPCA Sites are provided “as is”. You must not rely on the PPCA Sites or the information contained within the PPCA Sites as being accurate or comprehensive. You should independently verify the accuracy and comprehensiveness of the information provided via the PPCA Sites.

You are responsible for all risks associated with your use of the PPCA Sites, including without limitation the risk of damage to your computer, network, software or data (whether caused by a virus or otherwise) arising out of or in connection with your use of the PPCA Sites.

To the extent permitted by law, PPCA excludes all implied conditions and warranties, including without limitation as to completeness, accuracy, timeliness of the information contained at the PPCA Sites. If conditions and warranties are implied by law under the Competition and Consumer Act 2010 (Cth) and similar legislation and cannot be excluded, PPCA limits liability to the extent permitted by law to re-supply or payment of the cost of resupply of services provided at the PPCA Sites.

8.            Indemnity

You indemnify and hold PPCA, PPCA’s affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these terms by you.

9.            General

The PPCA Sites and Terms of Use are governed by the laws of New South Wales. You agree to submit to the exclusive jurisdiction of the courts of New South Wales.

Any rights not expressly granted herein are reserved.

10.          Contact us

If you have any questions or want to report a problem about the PPCA Sites, please email ppca.mail@ppca.com.au.

This policy was last updated 28 April 2021.