Terms of Use for MusoLink

(‘Terms’)

These Terms apply to the use of the MusoLink App. By using this App, you agree to be bound by these Terms as well as any and all general terms and conditions posted on our Website from time to time. If you do not accept these Terms, you are not permitted to use our App.

We may modify and update these Terms at any time, without notice. You need to ensure that you review the Terms from time to time. The amended Terms will take effect from the next time you log into the App. If you do not agree with the amendments, then you must stop using the App. Your continued use of the App is subject to our current Terms as amended from time to time.

  1. DEFINITIONS

Administrator means the designated individual(s) within an Organisation responsible for managing the Organisation’s account on the MusoLink App.

App means the MusoLink app and website, which allows Users, including schools, teachers, students, and individuals, to record and track music and practice sessions. The App provides features such as tracking practice times, identifying practice issues, accessing a leaderboard, and supporting both group and individual functionality.

Fees means the fees paid by Licensees for access to the App.

Free Version means a free version of the App, as described in the “Free Version” clause of these Terms.

GST means the goods and services tax as defined in the A New Tax System (Goods and Services) Act 1999 (Cth).

Intellectual Property Rights includes (a) legal rights in unregistered trade marks or registered trade marks under the Trade Marks Act 1995 (Cth) or any equivalent statute; (b) rights recognised under the Designs Act 2003 (Cth) or any equivalent statute; (c) rights recognised under the Copyright Act 1968 (Cth) or any equivalent statute.

Licence means the licence granted by MusoLink to the Licensee and Users under these Terms to use the App for the Subscription Term.

Licence Term means the entire period during which the Licensee has access to the App, including the initial Subscription Term and any subsequent Renewal Terms, until the subscription is terminated in accordance with these Terms.

Licensee means a licensee of the App under these Terms. A Licensee may be an Organisation in the case of a Private Group account, or an individual person in the event of a Free Version or Pro Version account.

MusoLink means MusoLink Pty Ltd, and includes all employees, directors and contractors from time to time.

Organisation means a school or other organisation that registers an account with MusoLink to create a Private Group.

Private Group means a private group version of the App, as described in the “Private Groups” clause of these Terms.

Renewal Term means each period of time for which the Licensee’s subscription and access to the App is renewed.

Software Upgrade means an upgrade, update, enhancement, improvement or patch to the App supplied by MusoLink.

Subscription Term means the initial period of time for which Licensees have access to the App, as specified at the time of purchase, excluding any Renewal Terms.

Terms means these Terms of Use.

User means any individual accessing the MusoLink App whether through a Free Trial or through an Organisation’s Private Group.

User Content means any music, recordings, images, text, videos, or other materials, data, or content that a Licensee or User uploads, links, sends, or otherwise shares via the MusoLink App.

We, Our and Us means MusoLink.

Website means the MusoLink website, accessible at musolink.com, which provides access to the MusoLink services, including User registration, account management, and access to music and practice tracking features, available to both individuals and organisations such as schools.

You means the Licensee and/or the User as relevant and as expressed by the Terms.

  1. HOW IT WORKS

    2.1 The MusoLink App is designed to help individuals and Organisations track and improve their music practice sessions. The App allows Users to record sessions, track practice times, view progress, identify areas for improvement, and compare their performance with others via a leaderboard. MusoLink supports both individual Users and groups, offering a Free Version for general public use and a Private Group version for schools and organisations.

    2.2 To use the App, Users must register an account. This can be done through the Free Version by linking a Google or Facebook account, or through the Private Group version by following the onboarding process provided by the organisation’s group administrator. During registration, MusoLink will collect necessary information such as your name and email address, as well as any other information needed for the App’s functionality. All passwords are securely stored and encrypted.

    2.3 Once registered, Users can access the features of the App, including session recording, tracking progress, and interacting with other Users. For Free Version Users, all activity is public within the Free Version community, while Private Group Users remain restricted to their own group. The App is intended for both adults and minors, but any use by minors under the age of 18 must have parental or guardian consent.

  2. FREE VERSION

    3.1 A free version of the App (“Free Version”) is available, subject to these Terms. There are no subscription fees associated with the Free Version.

    3.2 Users of the Free Version may register for an account by signing in with their Google or Facebook accounts. By using these platforms to sign in, Users authorise MusoLink to access their name, profile picture, and email address for the purposes of account creation and management.

    3.3 Once registered, Users of the Free Version will have the ability to view, follow, and interact with other Free Version Users who have also signed up via Google or Facebook. This means that all Free Version Users are visible to one another within the public interface of the App.

  3. PRO VERSION

    4.1 The Pro Version of the App is a paid subscription service offering additional features beyond the Free Version. Individuals can subscribe to the Pro Version through the App or the website, where applicable subscription fees will be displayed.

    4.2 Users can register for the Pro Version by creating an account or upgrading their existing Free Version account. Upon subscribing, Users will gain access to premium features, including but not limited to enhanced tracking tools, additional storage, and advanced reporting functionalities.

    4.3 Subscription fees for the Pro Version are charged on a monthly or annual basis, as selected by the user.

    4.4 The Pro Version offers additional features that may include, but are not limited to, enhanced practice session tracking, personalised performance analytics, expanded leaderboard capabilities, and priority customer support. MusoLink reserves the right to update or modify the features of the Pro Version at any time.

  4. PRIVATE GROUPS

    5.1 It is also possible to access the App via a private group (“Private Group”). The Private Group version of the App allows Organisations to manage Users in a more controlled environment, accessible only by members of that Organisation.

    5.2 Organisations interested in using the App as a Private Group, such as schools or other educational institutions, must contact MusoLink to initiate the onboarding process, or MusoLink may reach out directly as part of its outbound sales efforts.

    5.3 The Administrator of the Organisation is required to provide MusoLink with a list of names and email addresses for the Users they wish to enrol in the Private Group. This information is used solely for the purposes of creating User accounts and onboarding Users into the Private Group.

    5.4 The Administrator oversees User onboarding, manages access for the Organisation’s Users (including students, teachers, and other personnel), and ensures compliance with all applicable laws and regulations. The Administrator is also responsible for obtaining and verifying any required consents, including parental or guardian consent where applicable.

    5.5 Upon receiving the User information, MusoLink will send an invitation email to each User, prompting them to set up their password. Passwords created by Users are stored using secure one-way encryption methods, ensuring that neither MusoLink nor its administrators have access to User passwords.

    5.6 Once enrolled in the Private Group, Users will only be able to view, follow, and interact with other Users within the same Private Group. Public Users from the Free Version of the App will not be able to see or interact with Users in the Private Group, and vice versa.

    5.6 Where student email addresses are collected for more secure account management (e.g., for password resets and email invitations), MusoLink requires that the Organisation and Administrator obtain all necessary parental or guardian consents in compliance with relevant laws. By providing student information to MusoLink, the Organisation and the Administrator each warrant that they have obtained all necessary permissions from parents or guardians for students under the age of 18 to use the App.

    15.7 The Organisation agrees to indemnify MusoLink from any claims, liabilities, or damages arising out of the collection or use of student data, including any failure to obtain the necessary parental or guardian consents, or any breach of privacy laws. The Organisation remains responsible for ensuring that all student data provided to MusoLink is accurate and has been collected in compliance with applicable legal requirements.

  5. FEES

    6.1 Users of MusoLink may access certain features of the App for free by registering a Free Version account.

    6.2 Fees apply for a Pro Version account and for a Private Group account. The applicable Fees will be clearly displayed on our Website or within the App at the time of subscription.

    6.3 Organisations will be required to pay subscription fees based on the number of Users in their Private Group account.

    6.4 Fees are payable annually in advance, unless otherwise specified.

    6.5 MusoLink reserves the right to adjust the Fees or payment structure by providing at least 30 days’ notice via the App and by email to the email address provided during subscription.

    6.6 All Fees must be paid in advance. Payments can be made via the payment methods provided on the Website or within the App. Where auto-renewal is selected, the subscription will automatically renew at the end of the Subscription Term and each Renewal Term and the applicable Fees will be charged accordingly unless the subscription is canceled before renewal.

    6.7 No refunds or credits will be provided for any unused portion of a Subscription Term or Renewal Term.

    6.8 All Fees listed on the website or within the App are exclusive of GST or any other applicable taxes, which will be added at the time of payment.

    6.9 We do not process any payments on the App or our Website or store credit card information on the Website. In the event payment transactions occur on our App or our website, we pass credit card information to PayPal or Stripe (third-party payment processors) using secure payment technology and PayPal or Stripe processes the transaction and send us the confirmation of payment. For further information about PayPal or Stripe visit their website.

  6. LICENCE

    7.1 MusoLink grants a non-exclusive, personal and non-transferable licence to the Licensee and the Users to:

     a. Download the App;

 b. Install the App on a  personal computer and/or mobile device provided that only the Licensee or the User will use the App. A single licence applies to the individual login and does not permit the Licensee or the User to install the App on a network or a shared drive for use by more than one User but may be used by multiple licensees; and

 c. Use the App on a  personal computer and/or mobile device for the Licence Term.

  7. UNAUTHORISED USE

    8.1 The Licensee and Users must not:

     a. copy or reproduce the App or any part of the App other than in accordance with the Licence granted under these Terms;

 b. sell, resell, rent, lease, loan, supply, distribute, redistribute, publish or re-publish the App or any part of the App;

 c. modify, alter, adapt, translate or edit, or create derivative works of the App or any part of the App;

 d. reverse engineer, decompile, disassemble the App or any part of the App; 

 e. circumvent or remove or attempt to circumvent or remove the technological measures applied to the App for the purposes of preventing unauthorised use; or

 f. use the App to transmit any viruses, malware, worms, etc. of any kind or upload, post, host or transmit unsolicited material or messages.

    8.2. The Licensee or User must not permit any other person to use the App or to exercise any of the other rights granted by MusoLink to the Licensee or User in these Terms.

  8. LICENSEE RESPONSIBILITY FOR USERS

    9.1 As a Licensee, you are responsible for the actions and behaviours of all Users under your account, including but not limited to students, Administrators, and other authorised personnel.

    9.2 You agree to ensure that all Users:

     a. Understand and comply with these Terms, including their obligations under these Terms;

 b. Are informed of their responsibilities when using the App, including any restrictions or limitations set forth by MusoLink; and

 c. Do not engage in any acts or omissions that would constitute a breach of these Terms if performed by you directly.

    9.3 Any act, omission, or breach of these Terms by a User under your account will be deemed an act, omission, or breach by you as the Licensee. You acknowledge and agree that you will be held responsible for any violation of these Terms by any User under your account, and that any such breach will be treated as if you, the Licensee, committed the breach.

    9.4 In addition, you agree to indemnify us from any losses, damages, or claims arising from the actions or omissions of your Users to the extent such actions or omissions would constitute a breach of these Terms if committed by you directly.

  9. SUPPORT

    10.1 MusoLink or its authorised agents are solely responsible for providing support and maintenance for the App subject to the following:

    a. The Licensee must promptly apply any Software Upgrade released by MusoLink and made available by MusoLink to the Licensee and the User from time to time;

b. MusoLink will have no obligation to provide support for the App under this clause or repair or replace the App if the App does not incorporate the most recent Software Upgrade; and

c. MusoLink will provide email support to the Licensee and the User during the Licence Term for the purpose of resolving issues with the App raised by the Licensee using the App as intended and in accordance with these Terms.

    10.2 The Licensee and User acknowledge that:

    a. MusoLink’s obligation to provide support is subject to such limits (as to time spent in relation to an issue and in relation to the Licensee or User in aggregate) as MusoLink may determine from time to time; 

b. MusoLink’s sole obligation under this clause is to make reasonable commercial endeavours to resolve issues raised by the Licensee or the User;

c. MusoLink does not warrant or represent that issues raised will be resolved by means of the support services; and

d. MusoLink will not provide any on-site support for the App.

    10.3 MusoLink may subcontract any of its obligations under this clause to any third party.

  10. CANCELLATION AND TERMINATION

    11.1 The Licensee and Users are solely responsible for cancelling the subscription to use the App if they no longer wish to use the App. This can be done through the App or by notifying us at our contact details provided.

    11.2 Cancellation of the subscription to use the App:

    a. by the Licensee will result in the termination of the Licence granted to both the Licensee and the User;

b. by the User will result in the termination of the Licence granted to the User only.

    11.3 The Licensee must cancel the App at least 7 days prior to the end of the current Subscription Term or Renewal Term to ensure that they are not charged the Licence Fee for the next period.

    11.4 You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the App with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your subscription and may be referred to the appropriate law enforcement authorities.

    11.5 If we have reasonable grounds to suspect you have breached the Terms, if your content is offensive, or for any other reason including if, in our opinion, you have breached the use of our App or compromised its use for others, we have the right, in our sole discretion, to immediately terminate the Licence. We may also deny the use of our App to you in the future and are not obligated to return any payments you have made.

    11.6 Upon such termination, regardless of the reasons, your right to use the App and related services immediately ceases and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and data. We may also bar you from any further access to our App. We will not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

    11.7 We may, but are not obligated to, remove any content that we determine in our sole discretion may be unlawful, offensive, defamatory, obscene, or otherwise objectionable or which violates a third party’s intellectual property or these Terms.

  11. MODIFICATION OR TERMINATION OF APP

    12.1 We reserve the right at any time and from time to time to modify or discontinue the App either temporarily or permanently with or without notice. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the App.

    12.2 From time to time we may issue an update to the App which may add, modify and/or remove features from the App. These updates may be pushed out automatically with little or no notice. If there is a material change to the permissions required to run the App, we will seek your agreement to the permissions at such time you may choose to accept or not.

  12. WARRANTIES

    13.1 As Licensee you warrant that:

    a. You will comply with these Terms and any other agreements or policies related to the use of the MusoLink App and Website;

b. You are responsible for ensuring the accuracy of the information uploaded, sent, or linked to the App;

c. All material you upload, send, or link to the App is accurate, reliable, up-to-date, lawful, and not misleading, and complies with applicable laws, codes, and regulations, including all *Australian Consumer Law* (ACL) requirements;

d. You will keep your information updated for the purpose of the App and ensure that all data provided remains current and accurate;

e. You are responsible for verifying the information of any Users under your account, including but not limited to students and Administrators, and ensuring that all such Users comply with these Terms, any other relevant agreements or policies, and any applicable laws;

f. You will obtain and maintain any required consents from Users, including from parents or legal guardians for Users under the age of 18, before providing any personal information to MusoLink, and you warrant that such collection, storage, and sharing of information complies with all applicable privacy laws and regulations in Australia, including the *Privacy Act 1988 (Cth)*;

g. You will ensure that all Users under your account, including any minors, understand and comply with the appropriate use of the App, and you will take responsibility for managing their access and usage;

h. You will not use the App for any unlawful purposes or upload any content that infringes on the intellectual property or rights of any third party; and

i. You will promptly notify MusoLink of any breaches of these warranties or other violations of these Terms by your Users, and you will cooperate with MusoLink to resolve any such issues.

  13. DISCLAIMER AND ACKNOWLEDGEMENTS

    14.1 The Licensee and Users agree that:

    a. MusoLink is a facilitator for the purposes of providing services through the App. MusoLink makes no representations, warranties, or guarantees of any kind, express or implied, regarding the performance, accuracy, availability, or suitability of the App or its services for any particular purpose. MusoLink disclaims all liability regarding the completeness, accuracy, or reliability of any information available via the App. Users and Licensees agree to rely on such information at their own risk and to make their own enquiries before relying on any such information.

b. MusoLink does not warrant nor is MusoLink responsible for the accuracy of any information available via the App or uploaded, sent or linked by any Licensee or User at any time. MusoLink is not responsible for any errors, omissions, or delays in information or any actions taken in reliance on it.

c. No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind MusoLink in any respect whatsoever.

d. All disputes regarding content, use, accuracy of information or any other similar issue of service by the Licensee and User are to be dealt with between the Licensee and User. MusoLink is at no time to be involved in any conflict or dispute relating to such use, content or issues between the parties. MusoLink is not liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or related to disputes between Licensees and Users.

e. We will use our best endeavors to ensure the App is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will endeavor to notify you if the App becomes unavailable for any lengthy or unusual time period.

f. MusoLink does not guarantee uninterrupted or error-free access to the App, and Licensees acknowledge that occasional downtime for maintenance or updates may occur. MusoLink disclaims any liability for any loss of data, content, or functionality as a result of such interruptions.

g. MusoLink makes no guarantees regarding the security or protection of any content uploaded, sent, or linked via the App and is not liable for any unauthorised access, use, or disclosure of content by third parties.

h. Users and Licensees acknowledge that any decision to meet or interact with someone they have connected with via the App is made at their own risk. MusoLink does not conduct background checks or verify the identity of Users or Licensees, and it is the responsibility of Users and Licensees to take necessary precautions when meeting individuals in person. MusoLink disclaims any responsibility or liability for any interactions or meetings between Licensees or Users that occur outside of the App. MusoLink is not liable for any direct, indirect, incidental, consequential, or punitive damages arising from such interactions or meetings.

  14. DELETION OF DATA

    15.1 Any User, whether an individual or part of an Organisation, may request the deletion of their personal data and content, including lesson recordings, at any time by contacting MusoLink. Upon receiving a valid deletion request, MusoLink will take reasonable steps to remove the requested data from its systems, in accordance with applicable laws and regulations.

    15.2 MusoLink reserves the right to implement a process to automatically remove accounts that have been inactive for an extended period. If such a process is implemented, MusoLink will provide Users with prior notice before their accounts and associated data, including lesson recordings, are deleted. The timeframe for account inactivity will be determined by MusoLink, and Users will have the opportunity to reactivate their accounts before any data is permanently deleted.

    15.3 For Organisations such as schools, MusoLink will remove the data associated with the Organisation or specific Users upon (a) the Organisation not renewing its subscription, or (b) receiving a request from the Organisation or Administrator to delete specific User data. MusoLink will act promptly upon such requests in compliance with its data deletion policies and any legal requirements.

    15.4 Subject to clause 16, lesson recordings and other data will be retained by MusoLink for as long as the User or Organisation maintains an active account. Once an account is deleted or deactivated, MusoLink will no longer retain access to the data unless required to do so by law.

    15.5 Subject to clause 16, MusoLink may retain certain data, including personal information or recordings, for a period beyond account deletion if required by law or to fulfill its legal obligations, resolve disputes, or enforce its agreements.

  15. DATA LOSS AND BACKUP

    16.1 MusoLink does not guarantee the preservation of any content, data, or recordings uploaded, sent, or linked via the App.

    16.2 Users and Licensees acknowledge that data loss, corruption, or deletion may occur due to system errors, maintenance, updates, or other technical reasons beyond MusoLink’s control. MusoLink disclaims any responsibility or liability for such data loss.

    16.3 Users and Licensees are solely responsible for maintaining and backing up their own content, data, and recordings. MusoLink encourages all Users and Licensees to regularly back up their content to avoid loss or damage. MusoLink will not be liable for any loss of content that results from failure to back up data or content.

    16.4 Licensees must ensure that all Users under their account understand the risks of potential data loss and their responsibility to maintain their own backups. Licensees are responsible for communicating the need for regular backups to all Users and ensuring that Users take the necessary steps to protect their content.

  16. PRIVACY

    17.1 We are committed to protecting the privacy of Licensees and Users. We at all times, respect the privacy and confidentiality of personal information provided to us and we will comply with the *Privacy Act 1988 *(Cth) and the Australian Privacy Principles in relation to our collection, use and disclosure of personal information.

    17.2 We** **may be required, in certain circumstances, to disclose personal information in good faith and where we are required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our agreements with Licensees and Users; or to protect our rights, property or safety or of our customers or third parties.

    17.3 We reserve the right to disclose the name and any other personal information of any Licensees and Users to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, and investigation of any breach, alleged breach of the law or these Terms.

  17. INTELLECTUAL PROPERTY

    18.1 Each party owns and will continue to own all Intellectual Property that was proprietary to them prior to using the App. All Intellectual Property Rights in the App are and will remain, as between the parties, the property of MusoLink. In the event of any dispute of Intellectual Property Rights, MusoLink retains and has full rights solely for any investigation, defence, settlement and discharge of any such claim by any third party.

    18.2 All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks and belong to MusoLink.

    18.3 All other trademarks or service marks within this App are the property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name or that of any other owner.

    18.4 You warrant that you own or have obtained all necessary rights, licenses, and permissions to share any User Content, (including any music, recordings, or other content), that you upload, link, or send via the App. You further warrant that sharing such content does not infringe any third-party Intellectual Property Rights, including but not limited to copyrights, trademarks, and performance rights.

    18.5 You are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site and App. Any unauthorised use of the materials appearing on this site and App may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties.

    18.6 By uploading, linking, or sharing any User Content via the App, you grant MusoLink a non-exclusive, worldwide, royalty-free license to use, display, reproduce, modify, distribute, and share the User Content solely in connection with the operation, functionality, and promotion of the App. This includes the right to share the User Content with other Users within the App. You further warrant that you have the necessary rights, licenses, and permissions to grant this license and that MusoLink’s use of the User Content will not infringe any third-party Intellectual Property Rights.

  18. CONFIDENTIALITY

    19.1 As part of the use of the App, Organisations may create Private Groups for their Users. MusoLink acknowledges the sensitivity of the information shared within these Private Groups, including student data, lesson recordings, and other private content. All information shared within a Private Group will be treated as confidential and will not be disclosed to any third party, except as required by law or with the express consent of the Organisation.

    19.2 Users may also control the information and data that is shared within the App, through their own privacy settings. Licensees and Users are responsible for setting, maintaining and administering their own privacy settings within their User profile.

    19.3 Licensees and Administrators are responsible for ensuring the confidentiality of all information shared within their Private Groups. This includes safeguarding login credentials, ensuring that only authorised Users have access to the Private Group, and managing User permissions within the App. Licensees and Administrators must also take reasonable steps to protect any confidential information from unauthorised access, use, or disclosure.

    19.4 All Users within a Private Group are expected to maintain the confidentiality of information shared within the group. Users must not disclose, share, or misuse any confidential information or materials that belong to other group members, the Organisation, or MusoLink. Any breach of confidentiality by a User will be treated as a breach of these Terms by the Licensee responsible for that User.

    19.5 MusoLink implements industry-standard security measures to protect the confidentiality of information shared within Private Groups. However, MusoLink cannot guarantee absolute security and encourages Licensees and Administrators to take additional measures to protect sensitive data.

  19. LIABILITY

    20.1 Your use of the App and any of our services is at your sole risk. The App and services are provided on an ‘as is’ and ‘as available’ basis. We make no warranty that the App or associated services will meet your requirements or be available on an uninterrupted, secure or error-free basis.

    20.2 In addition, you agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of the App or our services.

    20.3 By using this App and our services, you agree that we are not liable for any (i) inaccuracy, error or failure of the App; or (ii) any loss or damage, including any consequential, indirect, incidental, special or direct loss or damage arising from any download or your use of this App including any virus or other damage to your systems.

    20.4 To the extent that we are able to limit the remedies available under the Australian Consumer Law (ACL), all conditions and warranties that may be implied by the ACL are expressly excluded. All other conditions, warranties or guarantees which may be implied by custom, or any statute other than the ACL, are expressly excluded by these Terms.

    20.5 We expressly limit our liability to Licensees and Users for breach of a non-excludable statutory guarantee under the ACL to the following remedies:

    a. the supply of the goods or services again; or

b. the payment of the cost of having the goods or services supplied again.

    20.6 In all cases, our liability is limited to the last payment you made of the Fees.

    20.7 Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

    20.8 You agree that you are responsible for ensuring that the App is suitable to meet your requirements before using or continuing to use the App.

  20. INDEMNITY

    21.1 You agree to indemnify us and any related body corporate and the respective directors, officers, employees, independent contractors, agents and successors from and against any and all losses, expenses, damages, costs and expenses (including all reasonable legal fees), resulting from your use of the App and/or any violation of these Terms. You agree to assume and take over control of any demand, claim or action arising hereunder or connection with the App in the event of any action resulting directly or indirectly from your use of the App or our Services or any breach of the Terms.

    21.2 You also agree to indemnify us from any third-party claims arising out of or related to the content, including music, that you or any Users under your account upload, link, send, or share via the App. This includes any claims alleging infringement of Intellectual Property Rights, such as copyright or trademark violations.

    21.3 As a Licensee, you agree to indemnify us and any related body corporate, and the respective directors, officers, employees, independent contractors, agents, and successors, from and against any and all losses, expenses, damages, costs, and expenses (including all reasonable legal fees), arising from any acts or omissions of any Users under your account, including but not limited to students, administrators, or other authorised personnel. This indemnity extends to any claims or actions arising from the Users’ breach of these Terms, misuse of the App, or violation of any applicable laws.

  21. COMPLIANCE

    22.1 MusoLink acknowledges and complies with all relevant Victorian laws and regulatory frameworks regarding child safety, privacy, and data protection. This may include but is not limited to:

    a. Child Wellbeing and Safety Act 2005 (Vic);
b. Privacy and Data Protection Act 2014 (Vic);
c. Privacy Act 1988 (Cth);
d. Education and Training Reform Act 2006 (Vic);
e. VCAA Guidelines;
f. Department of Education and Training Policies including the *Child Safe Standards* and the *Cybersafe and Responsible Use Policy*;
g. School-Specific Privacy Policies.

  22. GENERAL

    23.1 You agree and acknowledge that the App and any internet server used to deliver the App and any associated website we own may use third party vendors and hosting partners to provide the necessary software, hardware, service and storage as well as anything related to run the App.

    23.2 No breach of any provision of these Terms will be waived except with the express written consent of the party not in breach.

    23.3 If a clause of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other clauses of these Terms will continue in effect. If any unlawful and/or unenforceable clause would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the clause will continue in effect (unless that would contradict the clear intention of the parties, in which case the entirety of the relevant clause will be deemed to be deleted).

    23.4 MusoLink may freely assign the Licence and/or its rights and/or obligations under these Terms without the Licensee’s consent. Except as expressly provided in these Terms, the Licensee and the User must not assign, transfer, charge, license or otherwise dispose of or deal in the Licence and/or any its rights and/or obligations under these Terms.

    23.5 These Terms constitutes the entire agreement and understanding of the parties in relation to the subject matter of the Terms, and supersedes all previous agreements, arrangements and understandings between the parties relating to the subject matter of the Terms.

  23. GOVERNING LAW

    24.1 These Terms are governed by the laws of Victoria which are in force from time to time and both you and we agree to submit to the exclusive jurisdiction of the Courts of Victoria for determining any dispute concerning these Terms.

These Terms were last modified on 18 September 2024 and are effective from that date.