Terms & Privacy

1Welcome and introduction

Welcome to Music Uploads. These Terms and Conditions govern your use of the Music Uploads platform and the products, services and features made available through it (collectively, the “Service”).

The Service is provided by Music Uploads, based on the Gold Coast, Australia (“Music Uploads”, “we”, “us” or “our”).

The Service enables users to upload music and related performance materials for competitions and eisteddfods. Support is available through our messaging service.

2Acceptance of these terms

Your use of the Service is subject to these Terms and Conditions and the policies expressly incorporated into them (together, the “Agreement”). Please read the Agreement carefully before using the Service. If you do not understand or accept any part of it, you must not use the Service.

Other links and references are provided for information only and do not form part of the Agreement unless expressly stated.

3Membership, fees and competition regions

The Service requires a current, paid membership subscription. Memberships are available for terms of 3, 6 or 12 months. The selected term commences on the date of purchase and expires at the end of that period.

A separate storage fee applies to each competition region added to your account. To upload files for a competition region, you must hold a current membership and add the relevant region to your account. Access to each purchased competition region expires on the same date as your membership.

Information about using the Service is available in our Help Centre. Details of available memberships and purchases are available on our Pricing page.

4Cancellations, automatic renewals and refunds

Subject to any rights or remedies that cannot be excluded under applicable law, membership subscriptions and competition-region fees are non-refundable. We do not ordinarily provide credits, refunds or pro-rata adjustments when a subscription is cancelled during its term.

Members may choose either manual or automatic renewal when purchasing a membership. If you select manual renewal, you are responsible for renewing your membership when required.

If you select automatic renewal, your renewal payment will be charged on the expiry date of your current membership.

If you select automatic renewal, you may cancel it through your Music Uploads account at any time before your next renewal payment is processed. No minimum notice period applies. You are responsible for ensuring that the cancellation has been completed successfully before the payment is processed.

Cancelling automatic renewal does not, by itself, entitle you to a refund or credit. Forgetting to cancel, or believing that a cancellation was completed when it was not, does not in itself create an entitlement to a refund.

Cancelling automatic renewal does not end your current paid membership. You will continue to have access until its expiry date, subject to the suspension and termination provisions of this Agreement.

If your membership expires without being renewed, your Music Uploads account will close automatically.

Subject to any refund rights required by applicable law, Music Uploads may offer a refund, discount or credit at its sole discretion. There is no entitlement to a discretionary refund, discount or credit. Where we approve a discretionary refund, an administration fee of AUD $5.00 will be deducted, to the extent permitted by law. This fee does not apply where deducting it would reduce a refund you are legally entitled to receive.

Nothing in this Agreement excludes, restricts or modifies any consumer right, guarantee or remedy that cannot lawfully be excluded, restricted or modified.

5Eligibility and use by children

The Service does not specify a minimum age. Children may use it under the supervision of a parent or legal guardian.

If you are a minor in your country, you must have your parent’s or legal guardian’s permission to use the Service. Please ask them to read this Agreement with you.

If you are a parent or legal guardian who permits a child to use the Service, you agree to this Agreement and are responsible for the child’s activity on the Service.

If you use the Service on behalf of a company, organisation, school or studio, you confirm that you are authorised to act on its behalf and that the entity accepts this Agreement.

6Account security

You are responsible for keeping your account password confidential. Do not reuse your Music Uploads password for third-party applications or services.

7Studio accounts

Studio accounts may be used to upload troupe and group routines. They may also be used to upload solo, duo and trio performances, including performances by siblings, subject to an additional fee charged per performer. These fees are subject to change.

An individual or parent-managed account allows the account holder to update music files directly and access any available audio critiques, scorecards and videos without relying on a studio to forward them.

Where a studio account is used, files and associated materials are accessed through that account. Parents may therefore need to obtain updates and available audio critiques, scorecards or videos from the studio rather than access them through their own account.

To protect privacy, we do not release account-related materials to a person whose identity and authority to receive them have not been verified.

8Content and permitted use

“Content” means audio files, including music and backing tracks, and other materials uploaded or made available through the Service. The person or entity uploading Content is responsible for it.

You may use the Service as made available to you, provided that you comply with this Agreement and applicable law. You may listen to Content for personal, non-commercial purposes associated with competition participation and play your music at registered competitions linked to your account.

Music Uploads uses Dropbox to store uploaded files as part of the Service. We are not obliged to host or make Content available indefinitely, subject to any obligations that cannot be excluded by law.

9Uploading and managing Content

You must not upload Content that breaches this Agreement or applicable law. In particular, you must not upload material protected by third-party intellectual property rights unless you have the relevant permission or are otherwise legally entitled to use it.

You are legally responsible for the Content you submit. We may use automated systems to analyse Content for infringement, abuse, spam, malware or unlawful material.

We process uploaded audio Content in accordance with your subscription plan and our applicable guidelines. Content that falls outside those guidelines is not covered by that commitment.

You may delete your Content or update previously uploaded music files, subject to your account limits. You must remove files when you no longer require them and retain your own copies of any files you wish to keep.

Unless you delete them earlier, files held in your user storage account are retained until that account is cancelled, at which point they are automatically deleted. They are not subject to automatic deletion on 31 December.

A separate retention period applies to audio critiques, scorecards and videos: these are automatically deleted 18 months after their creation date. Retaining files does not extend your membership or competition-region access beyond the membership expiry date.

Competition copies of submitted files, including those held in temporary event folders, are automatically deleted 60 days after the event finishes. This does not change the separate retention rules for files in user storage accounts or for audio critiques, scorecards and videos.

10Prohibited activities

You must not:

• Access, reproduce, download, distribute, transmit, broadcast or otherwise use any part of the Service or Content except as expressly authorised by the Service or with prior written permission from Music Uploads and, where applicable, the relevant rights holder.
• Engage fraudulently with the Service, interfere with its operation or attempt to bypass security features, copying restrictions or access limits.
• Access the Service using automated means, including robots, botnets or scrapers, except as expressly authorised by Music Uploads.
• Collect or harvest information that identifies another person, including usernames, without that person’s permission or other express authorisation under this Agreement.
• Use the Service to view or listen to Content for purposes unrelated to competition participation.

11Intellectual property and confidentiality

Using the Service does not give you ownership of, or rights to, the Service, usernames, or Content posted by Music Uploads or other users.

Music Uploads’ intellectual property includes its copyright material, trade marks, designs, inventions, software, layouts, methods, know-how and confidential information, to the extent those rights exist. You must not use or disclose protected material without prior written permission, except as authorised by this Agreement or applicable law.

Convenors, event organisers, staff, volunteers and family members who receive confidential information from Music Uploads in connection with a permitted purpose must keep that information confidential. They must not disclose it or discuss confidential ideas or information outside that purpose without Music Uploads’ written permission.

12Changes to the Service

We may change the Service or its interface to improve performance or security, update functionality, comply with legal requirements, or prevent unlawful activity or misuse. Changes may affect all users, particular groups of users or individual users.

Where reasonably possible, we will give notice before discontinuing or materially changing the Service in a way that adversely affects your use. Some changes may need to take effect without notice, including changes required to address security risks, maintain operation, prevent abuse or comply with the law.

13Suspension and termination

You may stop using the Service at any time. If you have selected automatic renewal, you remain responsible for cancelling it through your Music Uploads account. Stopping use does not itself cancel automatic renewal or recurring payments.

Your account will close automatically if your membership expires without being renewed. Cancelling automatic renewal does not close your account before the current membership expiry date.

Music Uploads may suspend or terminate your account or your access to all or part of the Service if:

• You materially or repeatedly breach this Agreement.
• We are required to do so by law or a court order.
• We believe your conduct creates, or could create, liability or harm for a user, a third party, Music Uploads or its affiliates.

If your account is suspended or terminated, you may still be able to access features that are available without an account, such as publicly accessible viewing features. This Agreement continues to apply to that use.

Files held in a user storage account are retained until that account is cancelled and are then automatically deleted, unless deleted earlier by the user. Audio critiques, scorecards and videos are automatically deleted 18 months after their creation date, as described under “Uploading and managing Content”.

Inactive account records are deleted after 18 months of inactivity, calculated from the membership expiry date. This is separate from the end of membership access and the file-retention periods described above.

If you renew your membership before your account is deleted, the pending account deletion is cancelled. A new 18-month inactivity period begins when the renewed membership expires.

You may request earlier deletion of your account by emailing Music Uploads Support at musicuploadsoffice@gmail.com. We will process your account-deletion request within 30 days of receiving it.

14Third-party services, software and links

The Service may use third-party services and software, including software provided under open-source licences. Where an applicable open-source licence expressly overrides part of this Agreement, that licence applies to the relevant software.

We aim to maintain the Service to the best of our ability. Subject to applicable law, we are not responsible for mistakes or errors caused by third-party providers.

The Service may contain links to websites or online services that Music Uploads does not own or control. We do not control, and are not responsible for, those third-party websites or services. Please review their terms and privacy policies before using them.

15Privacy, email and SMS communications

Our Privacy Policy below explains how we handle personal information. We take reasonable care when handling email and SMS communications.

Concerns about misdirected messages or unauthorised disclosure will be assessed by reference to the information involved, its sensitivity, the recipients and the surrounding circumstances. A general disclaimer does not replace our obligations under applicable law.

16Warranty disclaimer

Except as expressly stated in this Agreement or required by applicable law, the Service is provided “as is”. Music Uploads does not make specific warranties about:

• Content made available through the Service.
• The Service’s features, accuracy, reliability, availability or suitability for your needs.
• The continued accessibility of Content you submit.

This disclaimer is subject to the non-excludable rights described under “Cancellations, automatic renewals and refunds”.

17Limitation of liability

To the extent permitted by applicable law, Music Uploads and its affiliates, officers, directors, employees and agents are not liable for lost profits, revenue, business opportunities, goodwill or anticipated savings; loss or corruption of data; indirect or consequential loss; or punitive damages arising from:

• Errors, mistakes or inaccuracies in the Service.
• Personal injury or property damage resulting from use of the Service.
• Unauthorised access to or use of the Service.
• Interruption or cessation of the Service.
• Viruses or malicious code transmitted to or through the Service by a third party.
• Content submitted by a user or Music Uploads, including use of that Content.
• The removal or unavailability of Content.

Subject to applicable law, this provision applies regardless of whether a claim is based on warranty, contract, tort or another legal basis.

18Indemnity

To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Music Uploads and its affiliates, officers, directors, employees and agents against claims, damages, obligations, losses, liabilities, costs, debts and expenses, including legal fees, arising from:

• Your use of or access to the Service.
• Your breach of this Agreement.
• Your infringement of a third party’s rights, including copyright, property or privacy rights.
• A claim that your Content caused damage to a third party.

This obligation continues after the Agreement ends and after you stop using the Service.

19Changes to this Agreement

We may amend this Agreement to reflect changes to the Service or for legal, regulatory or security reasons. We will provide reasonable advance notice of material amendments and an opportunity to review them.

Where legally permitted, amendments relating to newly available features or made for legal reasons may take effect immediately without notice. Amendments apply prospectively only.

If you do not agree to the amended terms, you should remove your uploaded Content and stop using the Service.

20General provisions

Continuation: Provisions intended to operate after your use of the Service ends continue to apply, including the indemnity and applicable general legal provisions.

Severability: If any provision of this Agreement is unenforceable, the remaining provisions continue to apply.

No waiver: A delay or failure by Music Uploads to enforce a provision does not waive our right to enforce it later.

Interpretation: “Include” and “including” mean “including but not limited to”. Examples are illustrative only.

Governing law: This Agreement and claims arising from or relating to it or the Service are governed by the laws of Queensland, Australia, excluding its conflict-of-laws rules. Subject to applicable law, the parties submit to the exclusive jurisdiction of the courts of Queensland and Commonwealth courts having jurisdiction in Queensland.

1Information we collect

We may collect the following information:

• Your name, email address, telephone number and account details.
• Payment and transaction details.
• Uploaded files and information relating to events, competitions and submissions.
• Information you provide when contacting us or requesting support.
• Technical information, including your IP address, browser type, device details and website usage data.

Music Uploads does not store your full payment-card details.

2How we collect information

We collect personal information directly from you when you create an account, upload Content, make a payment, contact us or otherwise interact with the Service.

We may also collect technical and usage information automatically through cookies, analytics tools and server logs.

3How we use information

We collect and use personal information to:

• Provide and operate the Service.
• Manage accounts, uploads and submissions.
• Process payments and transactions.
• Communicate about accounts, uploads and service updates.
• Provide customer support.
• Improve our website, systems and services.
• Comply with legal and regulatory obligations.

4Disclosure to service providers and other parties

We may disclose personal information where reasonably necessary to operate our business and provide the Service. Recipients may include hosting and cloud storage providers, payment processors, analytics providers, email service providers, professional advisers, and regulators or law enforcement agencies where required by law.

Music Uploads uses Dropbox to store uploaded files. Event-related access is described below.

We disclose personal information only where necessary and permitted by law. We do not sell, rent or trade personal information.

5Account storage and event access

Uploaded files and related data are associated with your account. Account access is controlled through login credentials and the security measures described below.

Authorised Music Uploads staff may access uploaded files only when necessary to provide support. This permission does not extend to access for general administration.

When you transfer files to an eisteddfod or competition through the Service, they are placed in a temporary event folder for the relevant event organisers. Event organisers may use submitted files solely to run the event to which those files were submitted. Their access to those files ends when the event finishes. The competition copies are automatically deleted 60 days after the event finishes; retention during those 60 days does not extend organiser access.

6Retention and deletion

The Service is not intended to provide indefinite file storage. You are responsible for keeping independent copies of files you wish to retain.

Unless you delete them earlier, files held in your user storage account are retained until that account is cancelled, at which point they are automatically deleted. They are not subject to automatic deletion on 31 December. Audio critiques, scorecards and videos are subject to a separate retention period and are automatically deleted 18 months after their creation date.

Competition copies of submitted files, including those held in temporary event folders, are automatically deleted 60 days after the event finishes. This does not change the retention period for the original files in user storage accounts or the separate 18-month period for audio critiques, scorecards and videos.

File retention does not extend your membership or competition-region access.

Inactive account records are deleted after 18 months of inactivity, calculated from the membership expiry date. This account-retention period is separate from the retention periods for user storage files, competition copies, audio critiques, scorecards and videos.

If you renew your membership before your account is deleted, the pending account deletion is cancelled. A new 18-month inactivity period begins when the renewed membership expires.

You may request earlier deletion of your account by emailing Music Uploads Support at musicuploadsoffice@gmail.com. We will process your account-deletion request within 30 days of receiving it.

7Children’s privacy and safety

We are committed to complying with applicable child safety and online safety laws and taking reasonable steps to protect the privacy and safety of children who use or interact with the Service.

Where we collect, use or disclose information relating to children, we do so only where appropriate and in accordance with applicable law. The parental permission and supervision requirements in the Terms and Conditions apply to children’s use of the Service.

8Storage and security

We take reasonable steps to protect personal information from misuse, interference, loss, unauthorised access, modification and disclosure. These measures may include access controls, secure storage systems and administrative safeguards.

No method of transmission or storage is completely secure, and we cannot guarantee absolute security.

9Cookies and analytics

We may use cookies and similar technologies to remember preferences, improve your experience, analyse traffic and understand how visitors use our website.

You may disable cookies through your browser settings. Some features may not function correctly if cookies are disabled.

10Access and correction

You may request access to personal information we hold about you and ask us to correct information that is inaccurate, out of date, incomplete, irrelevant or misleading.

We may require proof of identity before responding to a request. Please contact us using the details below.

11Privacy enquiries and complaints

If you have a privacy enquiry or believe we have mishandled your personal information, please contact us. We will investigate your complaint and respond within 30 days of receiving it.

If you are not satisfied with our response, you may be able to raise your concerns with the Office of the Australian Information Commissioner.

Privacy contact: Music Uploads Support

Email: musicuploadsoffice@gmail.com

12Changes to this Privacy Policy

We may update this Privacy Policy to reflect changes to our practices or legal requirements. The revised version will be published on our website and will take effect from the date stated in it.