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Terms and Conditions

BUY MUSIC PTY LTD is a business in the MUSIC INDUSTRY bringing artists and customers closer together.

BUY MUSIC allows the public to preview singles and albums before a purchase.

BUY MUSIC may, exclusively, change any of these Terms and Conditions at any time. It is your responsibility to regularly check these Terms and Conditions and ensure you are satisfied with the information before utilising this website. Use of the website, once amendments have been made, on usage, you will be deemed to have accepted such changes.

1. Electronic Communications

When you use the website or send emails, you agree to receive communication from us electronically in accordance with our Privacy Policy. Please note that we shall never share your email address or personal details with any affiliates or third parties.

2. Export restriction

Although intended for the South African audiences, customers from any country will be able to purchase or stream music from the site.

3. Payment options accepted

Payments may be made via VISA and Mastercard via our secure PayGate online payment gateway.

4. Card acquiring and security

Card transactions will be acquired for BuyMusic via PayGate. PayGate uses strict encryption and no Card details are stored on the website. For more detail on PayGate, refer to https://www.paygate.co.za.

5. Customer details separate from card details

Customer details will be stored by BuyMusic separately from card details which are entered by the client on PayGate's secure payment pages. For more detail on PayGate, refer to https://www.paygate.co.za.

6. Merchant Outlet country and transaction currency

The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction currency is South African Rand (ZAR).

7. Responsibility

BuyMusic takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support and dispute resolution.

8. Country of domicile

This website is governed by the laws of South Africa and BuyMusic chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature.

9. Variation

BuyMusic may, in its sole discretion, change this agreement or any part thereof at any time without notice.

10. Ownership and Copyright

Any music you've purchased from the BUYMUSIC website will be available for DOWNLOAD from the PURCHASES menu. Download the music in order to obtain ownership of the music files. Please note you may NOT re-distribute downloaded music files due to its copyright, it is illegal. WE ARE NOT RESPONSIBLE FOR DATA LOSS where music you have purchased was lost and are no longer within the PURCHASES folder. It is your obligation to ensure you have downloaded the music and made a backup of your music files.

The contents of the Website, including any material, information, data, software, icons, text, graphics, layouts, images, sound clips, advertisements, trade names, logos, trade-marks, designs and service marks which are displayed on or incorporated on the website, ("Web Content") are protected by law, including but not limited to copyright and trade mark law. The Website Content is the property of BUYMUSIC, its advertisers and/or sponsors, and is licensed to BUYMUSIC. ALL the music on this website are the property of the original artists, writers and composers.

10.1. Preview Availability

For promotional purposes, a short preview of each song uploaded to the BuyMusic platform may be made available to the public free of charge.
The purpose of such previews is solely to allow potential listeners to sample the sound of a song prior to purchasing or subscribing.
At this stage, BuyMusic does not generate any revenue from paid advertising or external investment,
and no royalties shall accrue from the availability of such previews.

You will not acquire any right, title or interest in the website or the Website Content, except for ownership on purchased music that you have downloaded after payment.

Any use, distribution or reproduction of the Website Content is strictly prohibited or otherwise provided for by law.

11. Disclaimer

All images displayed are just for illustrative purposes.

The use of the Website is entirely at your own risk and you undertake full responsibility for any risk or loss resulting from usage or reliance of any information on the website.

Whilst BUYMUSIC takes necessary precautions to ensure that the content of the website is accurate and complete, BUYMUSIC makes no representations or warranties, whether express or implied, as to the functionality, availability, integrity, quality, operation or timeliness of the website, or accuracy, completeness or reliability of any information on the website. If any such representations or warranties are made by BUYMUSIC representatives, BUYMUSIC shall not be bound thereby.

BUYMUSIC disclaims liability for all damage, loss or expense, whether direct, indirect or consequential in nature, arising out of or in connection with your access to or use of the website and/or any content therein, unless otherwise provided by law.

Any views or statements made or expressed in music on the website are not necessarily those of BUYMUSIC, its directors, employees and/or agents.

12. Site Access

Access to the BUYMUSIC Site may be suspended temporarily or without notice in the case of maintenance, repairs, system failure or for reasons beyond our clients control. BUYMUSIC disclaims all liability for any malfunction, suspension or interruption of the website and not allowing website access due to network problems. We make reasonable efforts to ensure that the Website, our server and systems are virus-free but cannot guarantee that this is the case. We recommend that you use virus protection software, though please note all downloadable material from us are non-executable data music files (or zip files containing music files).

13. Limitation of liability

BUYMUSIC shall not be held liable for any direct, indirect, incidental, special or consequential loss or damages incurred, which might arise from your usage of, reliance upon, the website or the content contained, inability to use the website, and/or unlawful activity on the website. Should it be found that BUYMUSIC is liable to you, such liability shall be limited to the value relating to your specific order.

BUYMUSIC cannot be held liable for any inaccurate information published on the amendments /or any incorrect prices displayed on the website or communicated, unless where such liability arises from the gross negligence or wilful misconduct of BUYMUSIC, its employees, agents or authorised representatives. You are encouraged to email BUYMUSIC (see below) to report any possible issues.

BUYMUSIC may in its sole discretion terminate, suspend and modify the Website, with or without notice. BUYMUSIC does not accept liability in the event that it chooses to suspend, modify or terminate the website, other than for processing any orders made prior to time of website changes.

14. Failure to comply to our Terms and Conditions

If you fail to comply with your obligations under these Terms and Conditions, including any incident involving payment for an order, this may (in our sole discretion, with or without notice) lead to a suspension and/or termination of your access to the website, without any prejudice to any claims for damages or otherwise that we may have against you.

BUYMUSIC is entitled, for purposes of preventing suspected fraud, website abuse and/or creation of multiple user profiles, for the purpose of taking advantage of a promotion or coupon intended by BUYMUSIC to be used on a once-off basis, to blacklist you on its database (including suspending or terminating website access), refuse to accept, process payment and/or to cancel any order concluded between you and BUYMUSIC, in whole or in part. BUYMUSIC accepts no liability which may arise as a result of such blacklisting and/or refusal to process any order.

15. Force majeure events

You may at any point choose to stop utilising this website with or without notice to BUYMUSIC. As agreed between BUYMUSIC and you, or any affiliates, no party will be liable to any other party for any delay or failure in performing its obligations (excluding payment obligations) in terms of these Terms and Conditions due to an event beyond its control.

16. Governing law and jurisdiction

For the purposes of the Electronic Communications and Transactions Act 2002, BUYMUSIC’s information is as follows, which should be read in conjunction with its product descriptions and other terms and conditions contained on the Website.

17. COMPANY INFORMATION.

This website is run by BuyMusic PTY LTD, based in South Africa trading as BUYMUSIC and with registration number 2021/444543/07 and Mrs D.E. Dunckley as Director.

Company Full name: BUYMUSIC PTY LTD, a private company in South Africa.

Main business: e-Commerce of Music products.

Office bearers: Buy Music

Phone number: 082-467-4210

Official email address: sales@buymusic.co.za

18. General

BuyMusic adheres to PAIA, published in terms of section 51 of the Promotion of Access to Information Act 2000.

BUYMUSIC may, in its sole discretion, at any time, for any reason and without prior written notice, suspend or terminate the operation of the website, or the user's right to use the website, or any of its contents, subject to us processing any orders already made by you.

You may not cede, assign or otherwise transfer your rights and obligations in terms of these Terms and Conditions to any third party.

Any failure on the part of you or BUYMUSIC to enforce any right in terms hereof shall not constitute a waiver of that right.

If any term or condition contained herein is declared invalid, the remaining terms and conditions will remain in full force and effect.

No variation, addition, deletion, or agreed cancellation of the Terms and Conditions will be of any force or effect unless in writing and accepted by or on behalf of the parties hereto.

No indulgence, extension of time, relaxation or latitude which either you or BUYMUSIC (the "grantor") may show, grant or allow to the other of them (the "grantee") shall constitute a waiver by the grantor of any of the grantor's rights and the grantor shall not thereby be prejudiced or stopped from exercising any of its rights against the grantee which may have arisen in the past or which might arise in the future.

These Terms and Conditions contain the whole agreement between you and BUYMUSIC and no other warranty or undertaking is valid, unless contained in this document.