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Terms & Conditions

TERMS AND CONDITIONS OF SALE

 

1. INTRODUCTION

1.1 Oscar Music ( hereinafter refered to as the "Site") is an online music portal which provides access to an online music store where customers can listen to samples of music tracks and buy digital sound recordings (to include CD burning and transfers to appropriate portable devices) and related digital material such as songs  or CD/Albums,  which , in some cases, [eg. in South Africa] , may be ordered for postal delivery.  Customers are responsible for any hardware, systems and/or software programmes they use and any related costs incurred by them to connect to or use the Internet and the delivery costs of CD/Albums where applicable.

1.2 Customers should read these terms and conditions carefully before using this Site. By browsing and/or registering for the services provided by this Site ('the Services') customers are agreeing to be bound by these terms and conditions set out below and as set out further in the Guidelines on this website. Please note that the Site, including the Guidelines  and the Terms and Conditions of Sale , may from time to time be revised and any changes will be posted on and included in the then last update of the Site and the Terms and Conditions of Sale. It is the customer’s responsibility to review the Site and Terms and Conditions of Sale,  each time they access this Site,  to ensure that they agree with them. If they continue to use the Site or the Services after such an amendment has been made they will be deemed to have accepted such amendments and will be bound by them.

1.3 Oscar Music  ('we' 'our' or 'us') maintain this Site for the personal, non-commercial access by and use of individuals, by persons who are lawfully permitted to use this Site.

1.4 Please exit this site immediately if you do not accept the Terms and Conditions of Sale

 

2. TERMINATION OF ACCESS TO SITE

2.1 We reserve the right, at our exclusive option, to restrict or terminate a customer’s access to and/or the availability of this Site or the services contained thereon or any feature or part thereof at any time, with or without notice.

3. INTELLECTUAL PROPERTY

3.1 All the content of, information and materials visible or readable in whatever form on the Site and underlying software, including trade mark, logos, design, text, images, audio and video materials, clips and graphics, are owned by, or licensed to us and/or our associates. Customers may download and burn materials contained on this Site to a single personal computer provided that the following conditions are met:-

(a) the material is solely for non-commercial and personal use - (see also paragraph (e) below);

(b) they do not remove or amend any trade mark, copyright or other proprietary notice from the material;

(c) the material is not altered in any manner;

(d) they are located in a country or other territory where the access of and use of this Site is lawfully permitted.

(e) that they do not authorize anyone else, to make copies, give, sell, resell, loan, rent, offer, broadcast, send, distribute, transfer, communicate to the public, reproduce, modify, display, perform, commercially exploit or make the Content available,  unless otherwise authorized by us in writing, as may be applicable;

3.2 Customers may not  print,  republish, reproduce, transmit or otherwise use any of the content of, information and materials on this Site and underlying software and nothing contained on and/or in this Site shall grant, whether by implication, estoppel, or otherwise, any license or right to them to use any of the content of, information and materials on of this Site and underlying software, without our prior  written consent. No intellectual property or other rights shall be transferred to the customer.

3.3 The customer will not disrupt or interfere with the Services provided on the Site or alter the Site itself and/or any of the contents of, information and materials on this Site, by whatever means.

 

4. EXCLUSION OF AND LIMITATION OF LIABILITY

4.1 Although we have taken reasonable care to ensure that all of the content of, information and materials on this site is accurate, the customer’s use of this site and the Services is at their sole risk.

4.2 The Site and the Services and all of the content of, information and materials on it are provided "as is" and without representations or warranties of any kind, whether express or implied, including but not limited to the implied representations or warranties of merchantability, non-infringement of third party rights, and quality and/or fitness for a particular purpose, availability, accessibility and representations. Nor is any warranties given that access to or use of this site and/or of the content of, information and materials on it will be uninterrupted or error-free, that the Site and/or the content of, information and materials on it will be secure or free of viruses or other harmful material or elements, or that any of the content of, information and materials on this site will be complete, accurate, timely or complete.

4.3 Where we provide links to other web sites, we do so for information purposes only and solely for our customer’s convenience, we have no control over, are not and shall not be responsible for any such site and/or the content of, information and materials on any such linked web site or any part of it.

4.4 We do not endorse any content, information, materials, products or services on any such linked web site, we have not reviewed any or all of the same and we do not necessarily support or approve any views or opinions expressed on such sites. Customers use such links entirely at their own risk. Their accessing, viewing, browsing and/or use of any such other web site and/or any of the content of, information and materials on it is conducted entirely at their own risk.

4.5 To the fullest extent permitted under applicable law, neither we nor our affiliates, including without limitation all their officers, directors, employees, and agents, shall be liable to any customer for any losses or damages whatsoever (including without limitation direct, indirect, incidental, special, consequential and punitive damages, lost profits, and damages resulting from lost data or business interruption or other losses or damage of whatever kind) arising from or relating to their access of, the use of or inability to access or use the Site and/or the content of, information and materials on it or the Services or their reliance on any of the same or any hypertext link to another web site or their access of or use of any of the content of, information and materials on or contained in or accessed through such other web site, whether based on warranty, contract, tort, or any other legal theory, regardless of whether or not we or any of our affiliates has been negligent or has been advised of the possibility of such damages.

5. INDEMNITY

5.1 Customers agree to defend, indemnify and hold harmless (and shall continue to indemnify and hold harmless), on demand, us and our affiliates (including, without limitation, all their officers, directors, employees and agents) from and against any damages and/or losses, and/or any claim and/or demand made by any third party, and all associated liabilities, damages, costs and expenses (including but not limited to reasonable legal fees) arising out of or relating to their access, browsing or use of this Site, content which you transmit to this Site or your violation of any rights of another, which arises by and/or pursuant to their breach of the Terms and Conditions of Sale.

5.2 Should we at our sole discretion, determine that a customer has breached the Terms and Conditions of Sale, then nothing herein shall prevent or in any way restrict our right to pursue any of its legal and/or other remedies, including, without limitation, court action.

6. PERSONAL DETAILS & REGISTRATION

6.1 We are committed to protecting customer’s privacy, and will not use any information which we collect about them in the course of, or in relation to, their access or use of this Site. Customer’s details will be treated as confidential and no information of the customers will be passed on to any other institution or person apart from the staff of Oscar Music, that  may be used to process the customer’s purchase. By accessing and using this Site and submitting information to us, customers agree to us using that information for the processing of the purchases.

6.2 To utilise the services contained on the Site it is necessary to register with us and provide us with certain information. Customers agree to provide accurate registration data to us and to regularly update such data as and when necessary.

6.3 Customers undertake not to give out their password or allow other people to access the Content. The restrictions on copying that apply to applicable media,  also apply to the Content accessed as part of this Service.

7. PAYMENTS

7.1 The Customers agree to pay for all tracks, albums and other materials purchased through the Site and we may charge their credit card for any such payment(s). Payments may be posted to customer’s credit cards individually or may appear aggregated with other purchases made on the Site. A customer will only be charged after we have checked their card details and received the necessary authorisation. Customers are responsible for keeping their Site account secure and confidential and will be responsible for any charges that are incurred by any person through their account. If any of the Site account details change, customers must update that information in the member’s area of the Site.

7.2.1 Customers may elect to pay for their purchases, be that CD/albums to be delivered, tracks or full CD downloads,  by EFT (Electronic Funds Transfer), in which case it is agreed that the product or CD/album will only be  posted to the postal address supplied by the customer, or the download link supplied to the customer, once the proof of payment per EFT has been received by email at sales@oscarmusic.co.za .  Oscar Music, will then as soon as possible,  but within a reasonble time,  post the purchased product or CD/album in South African locations only.

7.2.2  It is recommended that International purchases be done by credit card for customers' own convenience. See also further comments set out in the Guidlines.

7.3 South African customers and where  applicable,  International customers, agree to pay the allocated shipping charges as stipulated on the site and as may be amended from time to time, in the case of products or CD/albums for postal deliveriesSee also further comments set out in the Guidlines.

7.4 We may change the price of products available on the Site and whilst we endeavour to ensure that all prices on the Site are accurate, errors may from time to time occur and any order made by customers will be treated as cancelled where the price is incorrectly listed on the Site, unless customers confirm they wish to proceed once informed by us of the correct price of the product.

7.5 Customers agree that any submissions they make for electronic purchases constitute their agreement to comply with the terms of and to pay for such purchases, as set out above.

 

8. REFUNDS

8. We are committed to providing a quality service, and to delivering quality products to our customers. Digital products  such as downloads purchased from this site are not capable of being cancelled or refunded once delivery has taken place, except where downloaded products are found to be faulty. Where this is the case, customers should contact sales@oscarmusic.co.za immediately and arrangements will be made  for a new download link to be supplied.  Physical products are refundable only if the delivered product is not the purchased product, or if the delivered product is faulty. On receipt of the returned faulty product or CD/album by Oscar Music, P.O. Box 211, Heiderand, Mossel Bay, 6511, South Africa, the price and shipping costs of the product or CD/album will refunded or may be replaced by another product or CD/album, as may be agreed.

9. USING THE SERVICES

9.1 Nothing contained in these Terms and Conditions of Sale shall be or shall be deemed to be a grant or waiver (or other limitation) of any rights of any copyright owner in any content, sound recording, musical composition, or artwork contained in any product sold on the Site.  All rights of the owners of the works [recordings, copyrights, lyrics, compositions etc.] are reserved.

9.2 The purchase by customers of products hereunder does not transfer to them any commercial or exploitative rights in connection with such products.

9.3 We reserve the right to alter, modify, add to or change in any other way any provision of the Terms and Conditions of Sale and may, at our absolute discretion, limit or expand the Services available to them from time to time on the Site without giving prior notice to them provided that any material change is posted on the Site by us within a reasonable period of any such change being introduced.

10. GOVERNING LAW AND JURISDICTION

10.1  These Terms and Conditions of Sale and their access and use of this Site shall be governed by and construed in accordance with South African law. By accessing and using this Site customers accept that any dispute under these Terms and Conditions of Sale or arising out of access and/or use of this Site shall be subject to the exclusive jurisdiction of the South African  courts and by accessing and/or using this Site,  customers hereby submit to the jurisdiction of such courts, as may be prescribed by the applicable South African Laws.

10.2  Customers are responsible for compliance with any applicable laws of the country from which they are accessing this Site.

10.3  To place an order within the Service of this site, you must have reached the age of legal competence according to the applicable legislation. If you have not reached the age of legal competence, you may place orders only with the prior consent of your parent or legal guardian.

10.4  The Service may not be available in all countries and may be provided only in selected languages. The Service, operations and some features may also be dependent on the network, compatibility of the devices used and the content formats supported.

10.5  To access the Service, you may need to download a specific piece of software. For your convenience, and only if needed, an applicable  software link has been  provided on this site  (indicated at the  bottom of the webpages).

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