Terms and Conditions

TERMS OF SERVICE

This is the web site of Kodaly Downloads Pty Ltd (ABN: 18132966217) trading as My Song File.  Our contact details are as follows:
Postal: Kodaly Downloads, 93 Herries St, Toowoomba, QLD 4350
E-mail: admin@mysongfile.com

It is important that you understand the terms and conditions governing the use of this website.  Please take the time to read and understand the items below.  If you require clarification on any point please do not hesitate to contact us.

Your Capacity & Acceptance

By using and/or visiting this website (including all content available through the MySongFile.com domain name):

  1. You affirm that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service; and,
  2. You signify your assent to the terms and conditions of this Terms of Service as well as the terms and conditions of the Privacy Notice.  If you do not agree to any of these terms, then please do not use this website.

Website Access - General

Kodaly Downloads Pty Ltd (herein referred to as Kodaly Downloads) hereby grants you permission to use this website as set forth in this Terms of Service, provided that:

  1. your use of the Website as permitted is solely for your personal, noncommercial use;
  2. you will not copy or distribute any part of this website in any medium without prior written authorization from Kodaly Downloads Pty Ltd;
  3. you will not alter or modify any part of this website other than as may be reasonably necessary to use this website for its intended purpose; and,
  4. you will otherwise comply with the terms and conditions of these Terms of Service.

Website Access & User Accounts

In order to access some features of this website, you will have to create an account.  You may never use another's account even if they give you permission.  When creating your account, you must provide accurate and complete information.  

You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Kodaly Downloads immediately of any breach of security or unauthorized use of your account.  Although Kodaly Downloads will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Kodaly Downloads or others due to such unauthorized use.

Personal subscriptions are linked to one account and cannot be transferred. Group subscriptions may be transferred between accounts via your administrative console.

You understand and acknowledge that Kodaly Downloads reserves the right to terminate your account and/or restrict your access to this website in its sole discretion for any reason including, without limitation, violation of these Terms of Service, at any time and without prior notice.

Intellectual Property Rights

The content on the website, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Kodaly Downloads, subject to copyright and other intellectual property rights under Australian and foreign laws and international conventions.

Material appearing as individual entries in the database may be in the public domain and available elsewhere.  The collection of entries, which are collated, categorised and maintained by Kodaly Downloads, or any extract, portion or list of entries generated from the collection, are protected by Australian and International copyright law. You may download, display, print and reproduce this material in unaltered form only for your personal, pedagogical or non-commercial use or use within your organisation.  All other rights are reserved.

Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Kodaly Downloads.

Kodaly Downloads reserves all rights not expressly granted in and to the website and the content.  You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content for any commercial purposes. If you download or print a copy of the content for personal or pedagogical use, you must retain all copyright and other proprietary notices contained therein.  

You agree not to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on use of the website or the content therein.

If you consider Kodaly Downloads has infringed your copyright in any way, you should promptly inform us and we will remove the disputed item pending further consultation and investigation.

Requests and inquiries concerning reproduction and rights should be made to the Directors, Kodaly Downloads Pty Ltd at the contact address provided above.

Content Accuracy

Kodaly Downloads Pty Ltd does its best to ensure the accuracy of information on this website and the Kodaly Downloads database of entries however it is impossible to verify all the data from moment to moment so some information on the website will inevitably be incorrect due to changes that have not yet been recorded in the website.  If you identify an error in the information on this website please contact us so we may investigate the matter and rectify content inaccuracies.

Third Party Links

This website may contain links to websites of other companies which offer products or services which you may find useful.  While Kodaly Downloads will seek to link only to websites that share our ideals, high standards and respect for privacy, Kodaly Downloads has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites.  In addition, Kodaly Downloads cannot censor or edit the content of any third-party site. By using the website, you expressly relieve Kodaly Downloads from any and all liability arising from your use of any third-party website.  Accordingly, we encourage you to be aware when you leave this website and to read the terms and conditions and privacy policy of each other website that you visit.

Orders & Payments

The display of goods on the Kodaly Downloads websites is not an offer for sale but an "invitation to treat".  Your instructions for orders will be considered an offer to purchase.  Kodaly Downloads reserves the right to decline your offer to purchase at any time.

Online Orders & Payments

Online transactions will be processed by a reputable Payment Service Provider, providing secure online processing of credit cards and debit cards in real time via the Internet.  Successful online transactions will be confirmed by e-mail to you from the Payment Service Provider.  If you do not receive an e-mail promptly after making the transaction, the transaction was probably not processed correctly or has been refused by your credit card company. Kodaly Downloads Pty Ltd does not receive information about the reason why a transaction may not have been processed or declined and so cannot assist you with these matters; you should contact your credit card company for their advice.  You should always retain a copy of your online transactions for future reference.

Order Confirmation

If you include an e-mail address when placing an order, you will receive confirmation by e-mail from Kodaly Downloads or from our Payment Service Provider if you paid online. Kodaly Downloads will not confirm orders by telephone or fax, and will only contact you via these methods in the event that missing details prevent an order from being processed.

Financial Details, Privacy and Security

For your security and peace of mind, credit or debit card details are not retained by Kodaly Downloads or on any computer or data storage system associated with Kodaly Downloads.

We work with our Payment Service Provider to help protect against fraud and loss; our Payment Service Provider's servers employ Secure Sockets Layer technology (SSL), the same level as leading banks and financial institutions.

In the event of unauthorised use of your credit card, you must notify your credit card provider in accordance with their reporting rules and procedures.

Refunds

The decision to offer any refund will be assessed on a case-by-case basis by Kodaly Downloads and will be at the sole discretion of Kodaly Downloads.  Refunds will not be provided under any other circumstances.

Resource Credits

Resource Credits are exchanged in return for adding a resource to your personal Song File. Your account may be credited with complimentary Resource Credits or you may buy them. Resource Credits cannot be exchanged for money. Un-used credits will expire after one (1) year. The expiry date for all credits in your account is extended by one (1) year on purchase of additional credits.

Warranty Disclaimer

You agree that your use of this website shall be at your sole risk.  To the fullest extent permitted by law, Kodaly Downloads Pty Ltd, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the website and your use thereof. Kodaly Downloads makes no warranties or representations about the accuracy or completeness of this site's content or the content of any sites linked to this site and assumes no liability or responsibility for any:

  1. errors, mistakes, or inaccuracies of content;
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of this website;
  3. any unauthorized access to or use of our secure servers and/or any and all personal or other information stored therein;
  4. any interruption or cessation of transmission to or from our website;
  5. any bugs, viruses, trojan horses, or the like which may be transmitted to or through our website by any third party, and/or;
  6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via this website.

Kodaly Downloads Pty Ltd does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and Kodaly Downloads will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.  As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

In no event shall Kodaly Downloads Pty Ltd, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any:

  1. errors, mistakes, or inaccuracies of content,
  2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website;
  3. any unauthorized access to or use of our secure servers and/or any and all personal or other information stored therein;
  4. any interruption or cessation of transmission to or from our website;
  5. any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party; and/or,
  6. any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via this website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.

Indemnity

You agree to defend, indemnify and hold harmless Kodaly Downloads Pty Ltd, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:

  1. your use of and access to the website;
  2. your violation of any term of these Terms of Service;
  3. your violation of any third party right, including without limitation any copyright, property, or privacy right; or,
  4. any claim that one of your user accounts caused damage to a third party.

This defense and indemnification obligation will survive these Terms of Service and your use of the Kodaly Downloads website.

10. Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Kodaly Downloads without restriction.

11. General

These Terms of Service shall be governed by the internal substantive laws of the State of Queensland in Australia, without respect to its conflict of laws principles.  Any claim or dispute between you and Kodaly Downloads Pty Ltd that arises in whole or in part from the website shall be decided exclusively by a court of competent jurisdiction located in Queensland, Australia.  These Terms of Service, together with the Privacy Notice and any other legal notices published by Kodaly Downloads Pty Ltd on the website, shall constitute the entire agreement between you and Kodaly Downloads Pty Ltd concerning the website.

If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.  No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and any failure by Kodaly Downloads Pty Ltd to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.

Kodaly Downloads Pty Ltd reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes.  Your use of the website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.

 

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