neek - music
Welcome to Neek - Music!
Terms & Conditions
USER TERMS AND CONDITIONS
For
neek-music.carrd.co
aspiring-musician-blueprint.com
This document is published to state the rules and regulations and Terms and Conditions for access and/or usage of aspiring-musician-blueprint.com (defined as the “Website”) .
The Website is a music business offering services which are aimed at teaching music.
All users (defined as “User” or “Users”) of the Website should carefully read this Terms and Conditions Agreement (defined as “TAC”) as it relates to the User’s legal rights and obligations in relation to the Website. By using the Website, the User expressly agrees to be legally bound by this TAC. This TAC constitutes a legally binding agreement between the User and Nicholas Webster trading as Terrific Mate Services (defined as the “Neek - Music”), the Website owner.
BY USING THE WEBSITE, USERS EXPRESSLY AGREE TO THE TERMS AND CONDITIONS STATED HEREIN BY NEEK - MUSIC WITHOUT ANY RESERVATION. IF YOU DO NOT ACCEPT ANY OF THE TERMS AND CONDITIONS OF USE YOU MUST IMMEDIATELY CEASE TO USE THE WEBSITE.
NEEK - MUSIC RESERVES THE RIGHT TO MAKE CHANGES TO THIS TAC AT ITS DISCRETION WITHOUT REFERENCE TO USER. IF THE USER IS UNHAPPY WITH ANY FUTURE CHANGES, THE USER MUST IMMEDIATELY CEASE TO USE THE WEBSITE. ANY CONTINUED USAGE FO THE WEBSITE SHALL BE DEEMED ANY ACCETPTANCE ANY SUCH FUTURE CHANGES.
Unless the context requires otherwise, the following terms and expressions will have the indicated meanings:
“CCPA” California Consumer Privacy Act 2020
"Content" Without exception, all images, text, information, data, audio, video, graphics, articles, blogs, computer code, software, algorithms, and any other material provided or posted by Neek - Music on or through the Website, including the Products and Services.
“Cookies” Cookies are tiny files which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file that a website transfers and stores on your device with the purpose of tracking your movements within the Website, remembering your preferences and your interaction with the various components and features of the Website.
“GDPR” Regulation (EU) 2016/679 General Data Protection Regulation
“Intellectual Property” Intellectual Property of Neek - Music on the Website and shall include the entire current and future content of the Website without exception, and shall include all copyrights of Neek - Music, current and future, and it is hereby declared that the entirety of the Intellectual Property is the sole and exclusive property of Neek - Music . By using the Website, the User does not in any way acquire any interest, express or implied, in the Intellectual Property.
“License” The License granted in Clause 7 to Users for their usage of the Website pursuant to the terms and conditions of this TAC.
“Member” The person or legal entity who creates a user account on the Website for the purpose of purchasing a Membership of Neek - Music.
“Membership” Membership of Neek - Music which allows Members full access to the Content.
“Products and Services” Products and Services made available for sale or use on the Website by Neek - Music.
“TAC” The Terms and Conditions of this Website as published from time to time and include the Privacy Policy and Cookie Policy.
“User” or “Users” or “You” Any and all persons and/or entities that use any part of the Website for any purpose no matter the duration or circumstances of such use and shall for all purposes include Members and Registered Users.
“Website” neek-music.carrd.co, which is owned, developed and operated by Neek - Music and includes all the Content of Website.
1. Language And Currency
The official language of the Website is English and the official currency of the Website is the United States Dollar.
3. Acceptance Of The TAC By Users
3.1 All visitors to the Website must read this TAC before using any part of the Website. If Users do not wish to be bound by any of the terms and conditions, they must stop using the Website immediately.
3.2 Continued usage of the Website for any purpose shall be deemed to be an express acceptance of this TAC by the User without any reservation for all purposes.
3.3 By clicking on a link, the User may be redirected to a third party website. The User expressly consents to being redirected to the third party website. On landing on the third party website, the User must read the Privacy Policy and the Terms and Conditions of that website. By continuing to use the third party website the User is deemed to accept the Privacy Policy and the Terms and Conditions of that website.
4. Intellectual Property
4.1 The entire content of the Website is the Intellectual Property of Neek - Music who reserves all rights to the Intellectual Property so represented and constituted. No party is authorised or entitled to exploit commercially the Content, in whole or any part thereof. Any unauthorised use of Neek - Music’s Intellectual Property is strictly prohibited and is an infringement of the relevant laws.
4.2 Any non-proprietary postings made by Users on any part of the Website shall become the exclusive property of Neek - Music. However, the User shall be wholly responsible for the entire content of the posting for all purposes, including breach of copyright, theft of Intellectual Property, libel, slander, racial discrimination, sexual discrimination and any other instance which may give rise to any liability to Neek - Music. Any content posted by the User may be removed from the Website by Neek - Music at its discretion.
4.3 No User is authorised to download, use, manipulate, trade or deal in any and all images, videos and other materials posted and displayed on the Website. Users may share posted materials via social media exclusively in the manner provided for sharing on the Website.
4.4 If you are the creator/owner of any material on the Website and you have not granted permission to anyone to use such material on the Website, please advise Neek - Music in writing of the possible breach of your intellectual property rights and Neek - Music undertakes to investigate the matter. If deemed appropriate, after such investigation, the offending , arterial will be removed from the Website . All such notifications should be sent to [email protected]
5. Registration
5.1 All Users seeking to have full access to the Website and Products and Services must complete the registration process to become Registered Users and be accepted by Neek - Music as a Member of the Website. The acceptance of any registration by Users shall be at the discretion of Neek - Music.
5.2 Neek - Music is offering Users the opportunity to try out the Website, the Content and the Products and Services.
5.3 The User may use a personal or business email to complete the registration process or an Apple, Facebook or Google account to complete the registration process. In creating the account, the User represents, undertakes and warrants to Neek - Music that they are not barred from accessing the Website or receiving the content and services in his/her/its jurisdiction and that the information provided for the creation of the account is true and correct and the Member agrees that he/she/it shall keep such information updated as changes occur from time to time in a timely manner.
5.4 Where an Apple, Facebook or Google account is used to complete the registration process, the User expressly and irrevocably authorises Neek - Music to access certain information in the Member’s Apple, Facebook and Google accounts for the purpose of verifying the User’s identity.
5.5 In creating an account, the User shall not use a username, display name or profile picture that may reasonably be expected to cause offence to others and they shall not use any username, which have or may have profane, racial, sexual or other socially unacceptable references.
5.6 All registrants are required to answer a series of mandatory questions and a series of optional questions. The answers to these questions will assist Neek - Music to determine whether the registrant is a suitable candidate to become a Member and determine the most suitable services for the registrant.
5.7 Neek - Music at all times reserves in its discretion the right to terminate or suspend the Member’s account if any of the information provided to Neek - Music is found to be misleading, incorrect or false. Neek - Music may take such action it sees fit without giving notice to the Member or without any reference to the Member.
5.8 The Member shall at all times be responsible for any activity that occurs in or through his/her/its account without exception and shall be responsible for its security. The Member shall not at any time and for any reason share his/her/its account with any other person or legal entity and shall keep the Username and the password private. If there is a security breach of any kind, the Member undertakes to inform Neek - Music of the breach of security immediately. Notwithstanding the acceptance of such responsibility for the contents of his/her/its account, the Member shall not create any content which:
a) Engages in any activity that interferes with or disrupts access to or otherwise causes harm to the Website (or the servers and networks), including distribution of files containing viruses, corrupted files and the like;
b) Impersonates any person or entity, or falsely states or otherwise misrepresents the Member’s affiliation with a person or entity;
c) Is racist, bigoted, sexually discriminating, sexual in nature, harassing, obscene, profane, offensive or which may incite hatred of any kind or is illegal or which may promote illegal acts to be committed or which the Member knows or believes are untrue, inaccurate false, malicious, libellous or slanderous or are in any way linked or aligned to or with any terrorist group or groups or in any way incite or promote acts of terrorism and/or violence however defined or contain instructions of any kind which may result in the commissioning of acts of violence and terrorism;
d) Creates unlawfully threatening or unlawfully harassing content of any kind including indecently representing a person of any gender and/or age;
e) Probes, scans or tests the vulnerability of the Website or any connected networks, or breach security or authentication measures. You may not reverse look-up, trace or seek to trace any information on any User to its source, or exploit the Content and personal identifying information;
f) May create liability for Neek - Music or cause it to lose the services of its internet service provider, vendors or other parties necessary for the operation and functioning of the Website;
g) Could lead to the exploitation of any person for economic or other purposes;
h) Relates to a ponzi scheme, pyramid or other investment scheme, chain letters, unsolicited mailings and other similar activities, including money laundering in any form;
i) Infringes or violates the rights of any third party, directly or indirectly, including rights to intellectual property and rights to privacy; and
k) Uses the Website or the Content for any purpose that is prohibited by this TAC or unlawful in any jurisdiction or to solicit the performance of any illegal activity which is not already covered in the other provisions of this Clause.
6. Who May Use The Website
6.1 Use of the Website is strictly restricted to persons over the age of 18 and who can enter into a legal agreement in their jurisdiction. The User expressly warrants and undertakes that he/she/it has the capacity and authority to enter into this TAC Agreement with Neek - Music. Users shall only have access to the Website for so long as they observe all the terms and conditions set out in this TAC and its related documents.
6.2 Unregistered Users are granted limited access to the Website to allow them an opportunity to form a view as to whether they would like to register on the Website to gain access to all the features and benefits.
6.3 No person or entity shall be entitled to have more than one account on the Website and any additional accounts may be deleted at the discretion of Neek - Music.
7. License To Use
7.1 Subject to the terms and conditions in this TAC, Neek - Music grants to Users over the age of 18 a non-transferable license to use the Website for personal and non-commercial purposes on a non-exclusive and limited basis. Users shall not have any other entitlement to use the Website in any way. Neek - Music does not in any way grant any kind of fair use or creative commons license to anyone.
7.2 The User shall not use the Website for any commercial use, sexual or racial harassment, bullying, immoral use, illegal use (in any jurisdiction), conspiracy to commit crimes and/or acts of terrorism, gambling or any other use which Neek - Music shall in its discretion deem nefarious, obnoxious or objectionable or which could render Neek - Music in danger of criminal and or civil liability in any jurisdiction and/or which could in any way damage the reputation of Neek - Music or the Website’s commercial and economic viability.
7.3 Neek - Music offers no assurance or guarantee that the User will be able to access the Website on a continuous on demand basis nor does it make any representation as to the suitability of the Website for the User.
7.4 Neek - Music retains the right to make any changes to the Website it sees fit at its discretion with no obligation to give the User prior notice of such changes. If required, Neek - Music shall be at liberty to change the business model of the Website, in whole or in part, without any reference to the User notwithstanding any other term or the Licence or this TAC.
7.5 The term of the License commences at the time the User starts to use the Website on each visit and shall continue until that the User exits the Website or Neek - Music otherwise terminates the License at its discretion. For Members, the License shall continue until such time that the Member deletes his/her/its account.
8. Refusal Of Use
8.1 The use of the Website shall at all times be at the discretion of Neek - Music who shall be at liberty to refuse use of the Website to any person or entity without explanation. Such right of refusal may be exercised before or after the User makes purchases of Products and Services.
8.2 If refusal of service is after placement of an order, Neek - Music give a refund provided always that the order has not already been executed and/or performed, in part or in whole and the User has not caused any damage to the Website in any way. The giving of such refund shall be an act good customer service and shall not be interpreted in any way whatsoever as an admission of liability, fault, responsibility and/or guilt for any purpose whatsoever. Where the Service has already been performed, in whole or in part, Neek - Music shall be entitled to retain any payment in full or on a pro-rated basis as Neek - Music deems fit.
9. Online Purchases
9.1 Neek - Music makes available its Products and Services on the Website for purchase by Users, including purchase of a Membership.
9.2 Users wanting to purchase the Membership must have completed the registration process in full and must have provided an email address to which any items purchase by the Member pursuant to the Membership can be shipped to and relevant details relating to the Membership.
9.3
9.4 All prices displayed on the Website are stated inclusiveof GST and other taxes of any kind and any other transaction charges that may apply to the purchase of the Membership.
9.5 In cross border transactions, additional goods and services taxes, customs and excise duties, tariffs and other charges may be imposed by authorities and all such additional charges shall be borne by the Purchaser. In such event, if Neek - Music is required to pay any such additional amounts, the Member hereby agrees to indemnify in full and hold harmless Neek - Music in respect of such additional payments.
9.6 In the case of cross border transactions, the onus shall be on the Member to comply with any export and import requirements, if any, and Neek - Music shall not be liable for any delays or confiscation of any item(s) as a result of the Member failing to comply with any export a
9.5 In cross border transactions, additional goods and services taxes, customs and excise duties, tariffs and other charges may be imposed by authorities and all such additional charges shall be borne by the Purchaser. In such event, if Neek - Music is required to pay any such additional amounts, the Member hereby agrees to indemnify in full and hold harmless Neek - Music in respect of such additional payments.
9.6 In the case of cross border transactions, the onus shall be on the Member to comply with any export and import requirements, if any, and Neek - Music shall not be liable for any delays or confiscation of any item(s) as a result of the Member failing to comply with any export and import requirements.
9.7 The place of performance as regards payment and delivery shall be [ ], Australia unless expressly indicated otherwise by Neek - Music notwithstanding that the actual place for payment and delivery may occur at some other place.
10. Obligations Of The User
10.1 With the exception of any social media sharing features provided on the Website, the User shall not distribute, modify, recreate, reverse engineer, create derivative works from, transfer, or sell any Content, for commercial or non-commercial purposes, and whether in modified form or not.
10.2 The User agrees not to access (or attempt to access) the Website by any means other than through the interface that is provided by Neek - Music on the Website. Any manual or automated process of any kind to access, acquire, copy or monitor any portion of the Website or its Content, or reproduce or circumvent the navigational structure or presentation of the Website is expressly prohibited.
10.3 Users shall not engage in advertising to, or solicitation of, other Users to buy or sell any products or services not available by Neek - Music.
10.4 Users shall not use any Content to harass, abuse, or harm another person. Neek - Music will disclose all relevant information, to law enforcement or other government agencies in connection with any investigations or proceedings.
10.5 In respect of any material or information posted, the User undertakes and warrants to Neek - Music:
a) no royalties shall be payable, or licenses, approvals or consents required;
b) it will not contain any thing prohibited this TAC or contain any libellous, slanderous or other tortuous content;
c) will not infringe any third party rights, intellectual property or right to privacy; and
d) will conform and comply with all the laws of Australia and other jurisdictions.
11. Disclaimer Of Warranties And Liabilities
11.1 The principle of ‘caveat emptor’ shall apply for all purposes to the Website and its content, current and future. To the maximum extent allowed by law without exception, Neek - Music excludes, disclaims and limits all liability in all jurisdictions however arising for any loss of whatever nature and by whatever cause to the User, directly or indirectly, from usage of the Website and its content. The User expressly agrees to the exclusion of liability by Neek - Music as stated in this Clause and further agrees that he/she/it shall use the Website entirely at his/her/its own risk.
11.2 All Content is made available to the User on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including any implied warranties as to fitness for purpose, as to merchantability of an item or service, as to title. and the User uses the Products and Services entirely at his/her/its own risk.
11.3 Without limiting the provisions of Clause 9.1, Clause 9.2 or other provision, Neek - Music expressly excludes and disclaims all warranties, undertakings or representations, express or implied, that:
a) the User’s purpose(s) of visiting the Website will be met, in full or in part;
b) Content will be uninterrupted, secure, reliable or error-free or to any schedule;
c) maintenance and/or updates for any purpose will be provided;
d) the Content or the Website is legal for use in any jurisdiction;
e) any of the User’s data will be available to the User on a continuous basis or that it will be retained for any given period of time;
f) relate to any third party websites, whether linked, advertised or promoted;
g) relates to products or services advertised by any third party on the Website;
h) no loss of the User’s information and data, including any personal and/or confidential information, images, videos or software, will occur as a result of any unauthorised access to your account and/or Neek - Music’s servers; and
i) no viruses, worms, bugs, trojan horses, trackers and others of the like that will be transmitted and/or downloaded to the User’s device(s) from and/or through the Website and/or Neek - Music’s servers.
No Content provided and/or posted on the Website by Neek - Music and/or any other party shall in any way be interpreted as the giving of advice and/or a call to action. All Content is oor sale and information purposes only and Users must exercise their own discretion as to how they wish to use such Content.
None of the provisions of this clause shall affect any rights of the User which cannot be excluded under Australian Law, including the Competition and Consumer Act 2010.
12. Indemnification And Limitation Of Liability
12.1 The User hereby agrees unconditionally and irrevocably to indemnify and hold harmless the Website and Neek - Music from and against any and all actions brought by any third party and any arising losses, liabilities, costs and other expenses, including attorney fees, where such action arises from:
a) the activities of the User;
b) a violation by the User of this TAC or the License;
c) content posted by the User on the Website; and/or
d) any content or material transmitted by the User through the Website in violation of any laws and/or regulation or infringes the rights of any third party or their right to privacy.
12.2 The User expressly agrees that the limit of liability of the Website and Neek - Music to the User in any dispute shall be the value of any purchase made by the User through the Website and if no purchase has been made, liability shall be limited to Australian Dollar one ($1.00).
12.3 The User expressly acknowledges that the Website and Neek - Music shall not be liable to him/her/it in respect for any other loss or harm of whatever nature, economic or otherwise, however suffered and for any equitable and/or liquidated damages of whatever nature for any loss howsoever arising.
12.4 The User expressly acknowledges and accepts that the exclusion of liability by the Website and Neek - Music forms the basis on which the License is granted to the User on the terms and conditions set out in the TAC. If the User is dissatisfied with the limitation of liability, the User must immediately terminate his/her/its account and cease using the Website for any purpose.
13. Viruses
Neek - Music make reasonable attempts to clear the Website of viruses and worms but cannot ensure that the Website will be at all times free from viruses, worms, malware, extortionware or other destructive software or software of a criminal nature. Users are urged to take appropriate safeguards before downloading any information from the Website. Neek - Music accept no responsibility for any damage to User’s computer equipment, smart phones, tablets, data storage devices, data, images, videos, software or other property which may result from use of the Website or downloading any Content from the Website.
14. Communications
The User expressly and irrevocably agrees to receive communications in any form whatsoever from Neek - Music in relation to the Products and Services and offers, promotions and marketing materials. The User may opt out of receiving marketing material at any time by giving written notice to Neek - Music by email. The email should give details of the email address you wish to have removed from our database and should state clearly that you are the registered owner of the email address in question. You must also provide us with your street address and telephone number so that Neek - Music can manually confirm your identity. Your details will be deleted from our marketing database as soon as the identity verification is completed.
15. Disclosure Of Identity To Copyright Claimants
Neek - Music at all times retains the right to disclose your identity to any third party who claims that you have violated their rights and or intellectual property or their right to privacy by posting the said information or other material on the Website. The party making such a claim will be required to provide Neek - Music with sufficient information and evidence supporting their claim and the sufficiency of such information and evidence shall at all times be at the discretion of Neek - Music.
16. Termination Of User Account
16.1 Neek - Music may terminate or suspend the account of a User if in the opinion of Neek - Music the User has breached the TAC or the License or whose conduct brings disrepute to Neek - Music or the Website or has in any way harmed the business and/or the goodwill of Neek - Music and Neek - Music shall be under no obligation whatsoever to provide the User with an explanation for such termination and/or suspension.
16.2 The termination and/or cancellation shall be effective on sending an email notice to the User. Upon such termination and/or suspension, Neek - Music shall be at liberty to recover from the User damages in respect of any conduct and/or actions by the User leading to the termination and/or suspension. On termination of the account, the User hereby expressly agrees not to register or attempt to register for another account on the Website.
16.3 On termination of the account of the User, any information, images, videos or other content of whatever nature shall no longer be accessible to the User and Neek - Music shall not be liable to the User in any way for the inaccessibility and/or loss of all such information. The User is strongly advised to keep a backup of all information and materials.
17. Disclosure Of The User’s Personal Information
17.1 Neek - Music will not disclose the personal information of the User except pursuant to a valid court order and/or search warrant. If not prohibited by such an order, Neek - Music may give written notice to the User of such disclosure of information and the circumstances.
17.2 Neek - Music be at liberty to use your personal information in anonymous form for the purpose analysing the performance of the Website and such analysis may be carried out by a third party contractor. The third party shall only receive your data in anonymous form and shall be under a contractual obligation not to make any unauthorised use of your personal information or to disclose it to any other party.
18. Mergers And Acquisitions
In the event that Neek - Music and/or its assets, including but not limited to the Website and all Intellectual Property relating thereto, are purchased by a third party, in whole or in part, Neek - Music shall at all times retain the right to transfer the personal details of Users and all information relating to and/or provided by Users to the Buyer subject to a confidentiality undertaking from the Buyer.
19. Third Party Websites And Applications
19.1 In order to enhance the Website and Content, Neek - Music may provide links to services provided by third parties on their respective Website. It is expressly stated that Neek - Music has no control or influence on the operation and/or content of these third party Website. Accordingly, Users who elect to follow these links do so absolutely at their own risk they should read the TAC and Privacy Policy of such linked Website.
19.2 In using the Website, the User may elect to connect his/her/its account with their Google or Facebook or Twitter accounts. Users should be aware that the processes used in such connections may gather personal information and such processes are not within the control of Neek - Music. In making such connections, the User:
a) accepts all risks and liabilities that may arise as a result;
b) agrees to indemnify Neek - Music against any loss that it might suffer as a result: and
c) consents to the sharing personal information that such applications may harvest.
20. Third Party Intellectual Property And Copyright Claims
Neek - Music respects the intellectual property of all third parties and all Users are required to do the same. Users shall ensure that they do not infringe upon the intellectual property and copyright of any third party when using the Website. Neek - Music shall be entitled to remove the offending items if notified in writing together with the details of the claim to the intellectual property and/or copyright. Neek - Music may at its discretion terminate the account of an offending User.
21. Request To Delete Information
The User may submit a request in writing at any time for private information to be removed from Neek - Music’s database, who shall process such written notification from the User within thirty (30) days from the receipt of such notice. Any Order IDs and any personal details attached thereto and any information Neek - Music is required by law or for tax purposes will not be deleted, removed and/or amended. The written request should give details of the private information required to be removed and the User’s full details and contact details for identity verification purposes.
22. Personal Injury Liability
. Neek - Music shall not in any way be liable to any User who suffers any personal injury of whatever nature in the process of taking up any offers on the Website. Users shall take such offers on their own volition and do so entirely at their own risk and Neek - Music gives no direction, inducement, enticement or encouragement whatsoever, direct or indirect, to Users to take up such offers.
23. Cookies
Neek - Music collects information about visitors to the Website through the use of Cookies. For information on Neek - Music’s policies relating to the use of cookies, please view the Privacy and Cookies Policy.
24. Privacy Policy
Neek - Music collects information on Users and their interaction with the Website. Some of this information may be personally identifiable information relating to the User’s identity. For example, information provided on account registration. This information is captured, processed and stored in accordance with Neek - Music’s Privacy and Cookies Policy, which forms an integral part of this TAC and the two documents should be read in conjunction. By using the Website, User’s expressly agree to Neek - Music collecting and processing personal information.
25. Disputes And Arbitration
25.1 The parties hereby expressly and irrevocably agree that all dispute shall be settled exclusively by way of arbitration. They agree that they shall jointly appoint an arbiter located in Australia for this purpose. If agreement between the Parties on a mutually acceptable arbiter is not possible, the selection shall be made by the President/Chairman for the time being of the Chartered Institute of Arbitrators in Australia. The arbitration shall be based on the laws and regulations applicable in Australia and the arbitration laws and regulations of any other jurisdictions is/are expressly excluded.
25.2 The decision of the arbitrator shall be final and binding on the Parties provided always that the arbitrator shall not make any decision or award that would change, cancel, rescind any provision of this TAC and any decision or award shall be consistent with the provisions and intent of this TAC.
25.3 Except as otherwise provided and/or as provided by the arbitrator, the Parties shall pay for their own legal and filing fees.
26. Modifications And Amendments To The TAC
Neek - Music reserves the right to modify and amend the TAC as it see fit at its discretion and such amendments and modification shall become effective immediately on the new TAC being posted on the Website. Any use by Users of the Website after any modification or amendment of the TAC is effective shall be taken as an express agreement by Users to the amended TAC. It shall be the sole responsibility of Users to review the TAC posted on the Website from time to time to review any amendments and the User expressly acknowledges and accepts such responsibility. If the User does not accept the amendments, the User must immediately stop using the Website.
27. Successors And Assigns
This TAC and the agreement within it in respect of the terms and conditions set out herein shall be binding on and shall enure to the benefit of both parties and their respective successors and, heirs, executors and permitted assigns.
28. General Provisions
a) Delays, Indulgences And Omissions - A delay or indulgence or omission in exercising any right, power or remedy pursuant to the terms of this Agreement shall not in any way impair or be construed as a waiver of such rights, powers or remedies.
b) Exercise Of Rights - Any exercise of any rights, powers and remedies or non-exercise thereof shall not preclude or restrict any other or further exercise of such rights, powers or remedies.
c) Waivers - A waiver of any breach of any term(s) or of a default shall not constitute or be deemed to be a waiver of any other breach or default that shall already have occurred at the date of such waiver or which may occur in the future and the waiver of any breach or default shall not preclude the party subsequently requiring compliance.
d) Cumulative Remedies - All rights and remedies are cumulative and not exclusive of any rights, powers and remedies granted by law.
e) Severability - If any provision or term is or shall become illegal, invalid or unenforceable under the laws of any jurisdiction such event shall not in any way affect or impair the validity and enforceability of any other provisions and terms.
f) Notices - The User expressly consents to receiving any and all notices from Neek - Music by electronic means and Neek - Music shall give notices to the User by means of an email addressed to the User at the last email address provided by the User and/or posting a notice on the Website. Notices of a legal nature may be sent to Neek - Music at Neek - Music.
g) Entire Agreement - This TAC represents and constitutes the entire understanding and relationship between Neek - Music and the User and it supersedes any and all prior understandings and undertakings between them.
h) Third Party Rights – The benefits, terms and conditions or any other aspect of this TAC may not be enforced by any person or entity who is not a party to this TAC.
i) Interpretation - Headings in this TAC are for convenience only and shall not be used in the interpretation of any provision or terms of this TAC.
29. GDPR Compliance
Neek - Music respects and complies with the EU General Data Protection Regulations (GDPR). Some of the keyways Neek - Music will comply with these regulations are:
a) Data Controller
Neek - Music may if necessary, process your personal data for certain internal purposes as a Data Controller. For example, to comply with its legal obligations, billing purposes and other administrative support functions. Neek - Music may also process the information for the purposes of marketing its products and services to existing customers. Except for services like Google Analytics and Mailchimp, Neek - Music does not use the services of third party contractors to process your data and at this time Neek - Music does not intend to change this policy. If this changes in the future, all third party contractors will be put under a contractual obligation to maintain the security of your personal data and not to use it for any purposes not authorised by the User and Neek - Music.
b) Consent
Neek - Music asks that the User actively consent to any contact from it and Neek - Music will explain clearly what the User are consenting to. The User have the right to withdraw any consent given to Neek - Music at any time and the User can do so without fear of any repercussions of any kind. Neek - Music will however cease to provide the service(s) for which the User withdraws consent. The User may withdraw consent by sending us an email stating what consent is withdrawn. The withdrawal of consent will be implemented within thirty (30) days of days of the written notice.
c) Breach Notification
In the event Neek - Music is in breach of any term or condition, it will notify the User immediately it becomes aware of the breach. This, in particular, applies to any breach to security in relation to your personal information.
d) Right to Access
The User has the right to request information as to whether personal data relating to them is being stored and processed, where it is being processed and for what purpose. The User is entitled to request for a copy of the personal data retained by Neek - Music and it shall provide the User with a copy of the said information by way of email.
e) Right to be Forgotten
The User has a right to request for personal data retained by Neek - Music to be deleted. Where possible, Neek - Music will endeavour comply with the request within thirty (30) days of receiving it. However, in certain instances Neek - Music will not be able to comply with the request. For example, where the law requires Neek - Music to retain the data or where Neek - Music has to retain some of your personal data for our accounting and taxation purposes;
f) Data Portability
The User has a right to deal with his/her/its personal data as he/she/it see fit. At the User’s request, Neek - Music will provide a copy of the personal data.
g) Privacy
Neek - Music has implemented appropriate technical and organizational measures to comply with GDPR regulations and to protect the User’s personal data. Neek - Music will hold and process only the absolutely necessary data to allow for the efficient running of its business and the Website and it limits access to the User’s personal data to those who need to.
Where Neek - Music processes any of the User’s personal data for any reason whatsoever, Neek - Music shall:
i) require the User’s written request where the processing to be performed is at his/her/its request;
ii) ensure that persons authorised to process the personal data are committed to confidentiality or are under an appropriate statutory obligation of confidentiality;
iii) take all measures as are required pursuant to Article 32 of GDPR for Security of Processing;
iv) respect the conditions referred to in paragraphs 2 and 4 of Article 28 of GDPR for engaging another Data Processor (referred to as a Sub- Processor);
v) make available to the User information necessary to demonstrate compliance with GDPR regulations.
30. CCPA Compliance
Since 1st January, 2020, the California Consumer Privacy Act (“CCPA”) afforded specific rights to consumers to ensure that their privacy and their personal data is protected. While Neek - Music does not fall within the ambit of the CCPA, it will voluntarily comply with its requirements on a purely voluntary basis for the benefit of our US Users.
The rights conveyed by CCPA include the right to require businesses to disclose information about the collection and use of their personal information over the past 12 months. You may also ask us to delete any personal information that Neek - Music will collect from you. In the event that Neek - Music decide to sell the personal information of Users, something that will never happen, the User have the right to opt out of such sale. In the event that the User exercises any of his/her/its rights conferred by CCPA, Neek - Music is are not allowed to discriminate against the User for exercising his/her/its rights.
For the purposes of CCPA, Neek - Music would be classified as a ‘Service Provider’.
Should the User wish to delete any of his/her/its information collected by Neek - Music, the User should send a written request to [email protected]. Neek - Music will assess the request and comply with it if the request does not wall within our exceptions to meet the User CCPA requests. These exceptions mainly relate to legal and statutory regulations which require Neek - Music to maintain certain User information. These usually relate to accounting and tax matters
31. Governing Law
This TAC shall be governed solely by the laws of Australia. The laws and regulations of any other jurisdictions are expressly excluded notwithstanding that the Users may be resident in jurisdictions other than Australia. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded, and the courts of Australia shall have jurisdiction.
32. Use Outside Jurisdiction
32.1 The Website and all services rendered through them are for all purposes domiciled in Australia. Neek - Music does not grant access to the Website to any Users who are located in any jurisdictions where it would not be legal, whether by national or international law, to use the Website.
32.2 In using the Website, the User represent to Neek - Music that they made the necessary checks to determine that they are entitled to use the Website in their respective jurisdictions.
32.3 Any taxes of whatever nature that may arise as a result of using the Website from outside the Jurisdiction shall be solely and exclusively for the account of the User.
33. Contact
You may contact Neek - Music for any purposes at [email protected].
34. Effective Date
This TAC is effective from the [ ] of May, 2021 and shall remain in effect until such time it is superseded by an update or terminated by Neek - Music.
About
Nicholas Webster (Neek) is a self taught music producer whos love for music roots from metal and heavy rock. His new found love for electronic music begun with the discovery of Flume. It so drastically changed his taste it became impossible for him not to pursure the secrets of how electronic music is made. He believes there are so many aspiring musicians barely scraping their potential who are hiding their true talent.
Neek has published music on Amazon Music, Apple Music, Instagram, Youtube Music, Itunes, Spotify, Tik Tok and more!
Contact
Email: [email protected]
Privacy Policy
Privacy And Cookies Policy
aspiring-musician-blueprint.com
This document is published to state the Privacy and Cookies Policy for aspiring-musician-blueprint.com (defined as the “Website”) .
The Website is a music based business offering services which are aimed at teaching.
All users (defined as “User” or “Users”) of the Website should carefully read this Privacy and Cookies Policy (defined as “P&C Policy”) as it relates to the legal rights of the User in respect of personal information and privacy. By using the Website, the User expressly agrees to be legally bound by this P&C Policy. This P&C Policy constitutes a legally binding agreement between the User and Nicholas Webster trading as Terrific Mate Services (defined as the “Neek - Music”), the Website owner.
This P&C Policy forms an integral part of the Terms and Conditions (defined as the “TAC”) of the Website. Thos P&C Policy is stated in compliance with the Privacy Act 1988 (defined as “Act”) and the Australian Privacy Principles (defined as “APP”) developed under the Act. This P&C Policy is intended to give Users information on the obligations of Neek - Music and on the rights of Users in relation to their personal information and privacy as regards:
the collection of information on Users of the Website;
for what the information collected is used;
how such information is processed and used;
with whom the information collected is shared and on what basis it is shared;
rights of Users in relation to information collected on Users; and
how the information collected is stored and secured.
BY USING THE WEBSITE, USERS EXPRESSLY AGREE TO THE P&C POLICY STATED HEREIN BY NEEK - MUSIC WITHOUT ANY RESERVATION. IF YOU DO NOT ACCEPT ANY OF THE P&C POLICY OF USE YOU MUST IMMEDIATELY CEASE TO USE THE WEBSITE.
NEEK - MUSIC RESERVES THE RIGHT TO MAKE CHANGES TO THIS P&C POLICY AT ITS DISCRETION WITHOUT REFERENCE TO USER. IF THE USER IS UNHAPPY WITH ANY FUTURE CHANGES, THE USER MUST IMMEDIATELY CEASE TO USE THE WEBSITE. ANY CONTINUED USAGE FO THE WEBSITE SHALL BE DEEMED ANY ACCETPTANCE ANY SUCH FUTURE CHANGES.
As Neek - Music has clients resident in the European Union and in the USA, this P&C Policy complies with GDPR and CCPA requirements in addition to Australian requirements.
In this P&C Policy, unless there is something in the subject matter or context inconsistent therewith, the following terms and expressions will have the following meanings:
1. Definitions And Interpretations
“CCPA” California Consumer Privacy Act 2020
"Content" Without exception, all images, text, information, data, audio, video, graphics, articles, blogs, computer code, software, algorithms, and any other material provided or posted by Neek - Music on or through the Website, including the Products and Services.
“Cookies” Cookies are tiny files which contain slivers of data and information, which may or may not include, an anonymous unique identifier in relation to whom the cookie is directed. It is a tiny file that a website transfers and stores on your device with the purpose of tracking your movements within the Website, remembering your preferences and your interaction with the various components and features of the Website.
“GDPR” Regulation (EU) 2016/679 General Data Protection Regulation
“Intellectual Property” Intellectual Property of Neek - Music on the Website and shall include the entire current and future content of the Website without exception, and shall include all copyrights of Neek - Music, current and future, and it is hereby declared that the entirety of the Intellectual Property is the sole and exclusive property of Neek - Music . By using the Website, the User does not in any way acquire any interest, express or implied, in the Intellectual Property.
“License” The License granted in Clause 7 to Users for their usage of the Website pursuant to the terms and conditions of this TAC.
“Member” The person or legal entity who creates a user account on the Website for the purpose of purchasing a Membership of Neek - Music.
“Membership” Membership of Neek - Music which allows Members full access to the Content.
“Products and Services” Products and Services made available for sale or use on the Website by Neek - Music.
“TAC” The Terms and Conditions of this Website as published from time to time and include the Privacy Policy and Cookie Policy.
“User” or “Users” or “You” Any and all persons and/or entities that use any part of the Website for any purpose no matter the duration or circumstances of such use and shall for all purposes include Members and Registered Users.
“Website” www.neek-music.carrd.co, which is owned, developed and operated by Neek - Music and includes all the Content of Website.
2. Our Basis For Collecting Your Information
GDPR regulations require that Neek - Music must have a demonstratable legal basis for the collection and processing of personal information and data on Users.
2.1 User who do not intend to purchase any of the Products and Services offered by Neek - Music are not required to register an account. Such Users are free to use the public sections of the Website within the terms of the License granted under Clause [ ] of the TAC. The only non-User initiated information collected on such Users is on their usage of the Website on a fully anonymous basis.
The only User initiated information that Neek - Music collects on unregistered users is when such Users contact Neek - Music through the Contact Form on the Website. In such cases only the Users’ name (if disclosed) and the e-mail address are collected and such information is only added to our database if the User has elected to receive communications from Neek - Music, including marketing materials. [ Newsletters ]
The information on unregistered Users is collected on the basis that it allows us to:
(a) record the number of visitors to the Website and how they interact with the Content and how they move around the Website and how long they spend on each part of the Website the length of time of each visit. We also collect data on the User’s IP, the site from which the User arrived from and the site to which the User departs. This information helps Neek - Music monitor and improve Website performance and assist in developing strategies to monetise the Website.
(b) analysing the effectiveness and efficiency of Neek - Music’s activities for the marketing and promotion of the Website.
(c) respond to emails from unregistered Users.
2.2 Users who intend to purchase the Products and Services are required to register an account on the Website. Neek - Music collects the minimum amount of information possible to meets its requirements and to meet legal and accounting obligations. As part of the registration process, Neek - Music will collect the following information on the registrant:
Full nameAddressAgeeMailMobile Number
Neek - Music does not collect any credit/debit card bank account or other financial information. All credit/debit card payments are channeled through [ Paypal/Stripe ], a third party payment gateway. Members also have the option of making payments directly into out bank account.
With the exception of the Contact Form, we only collect information on an anonymous basis primarily relating to the way in which Users make use of the Website. As such, data is collected on Users primarily for the purpose of analysing the usage of the Website and the effectiveness and efficiency of Neek - Music’s activities for the marketing and promotion of the Website and also to identify way in which the Website and the Service we offer can be improved.
(a) User’s consent to the collection of their personal information through an affirmative action (note that Users are entitled to withdraw their consent at any time by giving Neek - Music a written notice);
(b) For the purpose of providing Users with information they have requested and/or purchased from Neek - Music;
(c) It has a legitimate business interest for collection Users’ personal information – e.g improving the performance of the Website; and
(d) In providing the Services, it is legally required to collect it.
Except insofar as working with third parties to analyse data and develop marketing and business strategies, Neek - Music does not share, lease, sell or otherwise deal in Users’ personal data or information and Neek - Music does not disclose the identity, address or financial details of Users to any third party. All information, if any, that may be shared in the future with third party vendors will be on an anonymous basis or pseudonymized basis.
Neek - Music will use its best efforts to preserve and protect the privacy of Users. Its systems are designed to ensure the best possible protection against unauthorised use of the Website and all content and information and data that reside thereon, including that of all Users.
4. Information Sources
Neek - Music is able to collect personal data of Users in various ways, including the following methods:
4.1 Information Provided by Users to Neek - Music
On the Website, this is only done through the Contact Form and the registration process.
4.2 Information We Collect
This type of information collection falls into the following categories:
(a) Information from browsers, devices and servers;
(b) Cookies and other tracking technologies;
(c) Application logs;
(d) Analytics;
4.3 Information Secured From Third Parties
The only third party sources we use are referrals.
5. Types Of Data Collected
Users’ personal information can be collected by us at various stages of their interaction with the Website. For examples cookies can start to track Users as soon as they land on the Website. The cookies will continue to track the User’s usage and how they interact with the Website.
To assist Neek - Music in providing Users an efficient and high-quality service and user experience and to enable Neek - Music to better develop its business and the services it offers, Neek - Music collects the following types of data:
5.1 Personal And Financial Data
Through a combination of the Contact Form and the registration process, Neek - Music collects only the information stated in Clause 2.2.
In the course of our interaction with customers, potential customers and other third parties, we may gain access to the following information from Users directly or from third party sources, such as credit agencies.
Personal data for order completion purposes;
Information required for compliance with Anti Money Laundering and Know Your Customer laws and regulations;
Data required for product and warranty registration purposes;
5.2 Usage Data
For modelling purposes, Neek - Music may use cookies and other techniques to collect information on how the Website is being accessed and used by Users. This enables Neek - Music to develop Usage Data which may include the following elements:
The User’s Internet Protocol address;
Browser type and version;
The page from which Users landed on the Website and the page of the Website on which Users landed;
The pages of the Website Users visited and the services accessed;
The times of entry into and exit out of the Website and the duration of the visit;
The type of device used by Users to access the Website;
Users’ unique mobile device ID, if any;
Unique device identifiers and other diagnostic data;
To ensure continuous availability of the Website, analysis of crash logs allow Neek - Music to debug in its systems.
5.3 Mailing Lists
To assist us in our marketing and advertising campaigns, Neek - Music maintains a mailing list. User email addresses are collected when they make use of the Contact Form. We only add email address of Users to our marketing database with their express consent. Users are free to withdraw their consent at any time.
5.4 Tracking And Cookies Data
To track and trace the use of the Website, we utilise cookies and similar tracking and tracing technologies and some of the information collected is stored in cookie files, which reside on their device(s). Cookies are sent by our server based Website software to their browser and the cookies will reside on their device(s) until they expire or are deleted.
Users can elect to refuse cookies by making the appropriate selections in the settings menu of their browser or Users can take a middle path of requiring a notification every time a cookie is sent to their device(s). If Users elect to refuse our cookies, they may not be able to use some parts of the Website.
There are two categories of cookies, session or persistent. Session cookies are deleted as soon as Users close their browser or turnoff their device. Persistent cookies will remain on their device until such time that they expire or are deleted. The principal types of cookies used by Neek - Music are:
(i) Essential Cookies
(ii) Acceptance Cookies
(iii) Preference Cookies
(iv) Security Cookies
(v) Performance and Tracking Cookies
(vi) Advertising Cookies
Due to the level of expertise required, Performance and Tracking and Advertising cookies, if any, would be operated on our behalf by third party vendors. We do not use such cookies at this time.
The following are details of the specific cookies used by Neek - Music on the Website:
COOKIE NAME PURPOSE VALIDITY LAWFUL BASIS
_cfbm This cookie is set by CloudFlare. The cookie is used to support Cloudflare Bot Management. 30 minutes To support secure connections
kjbsession This cookie is used for tracking the visitor active admin session so that the visitor do not need to re-login. 1 day To enhance user experience and convenience of the user.
viewedOuibounceModa Enables a message to be displayed before a user leaves the website 1 minute Communications with website users
6. Use Of Users Personal Data
Neek - Music uses data collected for various purposes that are justified by a legal basis and these include:
Maintaining and providing the Website;
To perform and/or enforce our Agreement with Users;
Notifying users about changes and improvement(s);
Enabling users to access interactive features;
Providing access to customer and technical support;
Compliance with legal obligations;
Monitoring usage of the Website to maintain a stable and safe usage environment;
marketing and promotional purposes;
For analytical purposes to study and analyse how Users use the Website and to measure and analyse the effectiveness of our marketing and promotion efforts.
Detecting preventing and solving technical issues; and
To use as is otherwise required or permitted by law or consistent with the provisions of GDPR.
For purposes of GDPR, we may use of personal data for the following processing purposes:
(a) Preparation of Tenders;
(b) Proposals to potential customers relating to the Products and Services;
(c) Acceptance of offers from Customers to purchase the Products;
(d) Processing of orders from customers, including completion of the necessary forms by Customers;
(e) Recording all aspects relating to orders, including financial record keeping; and
(f) To arrange all aspects for the delivery of the Products and Services.
In order to protect our legitimate interests and those of relevant third parties, we may undertake additional processing of personal information for the following purposes:
(i) financial reporting for analysis of financial performance and preparation of forecasts and budgets;
(ii) marketing relating activities for the purpose of identifying potential customers and assessing performance of past marketing activities. This includes post Order fulfilment marketing communications. Users have the option of requiring their information to be removed from such activities;
(iii) to meet any legal obligations imposed by law and/or government regulation, such as any requirement to report purchaser details to relevant government agencies; and
(iv) to ensure internal corporate governance have been complied with.
7. Sharing Users Personal Data
Neek - Music does not sell, trade, lease, rent donate or otherwise deal in the personal data of Users. If required, Neek - Music may engage third party data processors from time to time to assist in the analysis of data collected and to develop strategies to improve our Website and our marketing efforts. All data provided to third party data processors is on an anonymized basis and the third party vendors are always appointed under a duty of confidentiality.
8. Data Retention Period
It is the policy of Neek - Music to retain Users’ personal information for as short a period as possible. However, we will retain Users’ information on our servers for as long as required by the laws and regulations of the relevant jurisdictions and as is necessary by this P&C Policy and for the continued and efficient operation of the Website and also as required for accounting purposes and the taxation authorities. While Users’ personal information is stored on our servers, we will take all feasible measures to ensure that such personal information is safe, and we will apply a standard that is at least equivalent to that which we employ for the protection of our own confidential data.
9. User Choices Regarding Interaction With Us
With certain exceptions, the level of interaction Users have with us is within Users’ control, particularly, but not limited to the following areas:
a) Users may opt out of non-essential communications with us by using the unsubscribe option included in such messages. However, Users will continue to receive essential messages from time to time.
b) Users may disable the acceptance of cookies on their browser at any time. However, Users should be aware that the Website may not function as intended and Users will probably experience a negative experience in using the Website;
c) Users may elect not to complete any non-mandatory information in any forms, surveys etc. on the Website; and
d) Users have the right to ask us to correct their personal information and also the right to remove their personal information (subject to Clause 8).
10. Data Transfer
Data servers of Neek - Music are located in multiple locations and its operational offices are located in Australia. The personal and other data of all Users will be located and accessed from these and other locations where Neek - Music’s remote employees and contractors may be based. Users may be located in multiple other jurisdictions and the laws and regulations regarding personal and other data may be different in such jurisdictions. By accessing and continuing to use the Website, Users expressly consent to the transfer of Users’ personal and other data and information to the indicated jurisdictions and subjected to the laws and regulations of such jurisdictions.
Countries outside the European Economic Area (“EEA”) may not provide sufficient protection of Users’ personal information. To counter this, we will only send Users’ personal information to third parties in non-EEA and US areas that agree to adhere to the terms of this P&C Policy and the GDPR standards and which are certified accordingly. Users have a right to obtain details of the mechanism under which Users’ personal information may be transferred outside of the EEA and US by contacting [email protected].
Neek - Music has put in place measures that are necessary to ensure that the personal and other data of all Users is securely maintained and no data will be transferred to any third party in any jurisdiction who does not maintain and operate security protocols equivalent to those maintained and operated by Neek - Music.
11. Information Users Share On Third Parties
In certain circumstances the Website may allow Users to submit information on third parties. For example, if Users use the Website to share Users’ personal information with their friends and family, Users will need to enter some personal details about themselves, including but not limited to their email address. In instances where Users provide information on third parties, the information submitted will be retained on our servers only in so far as it relates to Users’ account and such information will not, except as otherwise disclosed herein, be shared or otherwise dealt in.
12. Information Received From Third Parties
In some instances, Neek - Music may receive information about Users from third parties either through the Website or independently. For example, our payment gateways will submit information relating to Users’ transaction to us for the purpose of identifying their transactions and processing them to have their orders processed, prepared and delivered to Users and/or to maintain our accounting records for audit and taxation purposes. Neek - Music may also in certain instances develop and maintain information about Users independently. All information will be maintained on our servers in the same manner and to the same standard as information provided by Users or gathered directly by us. In terms of sharing such information, we will apply the same rules and standards as any other information we may maintain on Users.
13. How We Protect User Information
The security of Users’ data and information is of primary importance to Neek - Music and we shall take all reasonable measures that comply to industry standards to keep their personal and other data safe and private. However, we cannot give Users a guarantee that Users’ personal and other data will be 100% safe and secure and we make no such guarantee and/or undertaking, express or implied.
The Website and our servers are routinely scanned by high grade anti-virus and malware scanning software. All operating software is kept up to date so that all known vulnerabilities are dealt with at the earliest possible opportunity. Users’ personal information/data is stored behind secure firewalls on secure networks and is accessible only by a limited group of people in a limited set of circumstances. All such personnel are required to sign non-disclosure agreements as part of their engagement terms. All passwords used are highly sophisticated and encrypted.
All sensitive personal and other information Users supply to us is encrypted via Secure Socket Layer (SSL) technology. All financial transactions are processed by independent payment gateways and Users’ financial information is never stored in our databases or on our servers nor do we make a request to Users for such information.
14. Private Data Removal
Users have a right to request that their information be removed from the Website, our database and our servers. We will comply with such requests within thirty (30) days of receiving a written request from Users. However, please be aware that we will retain certain information relating to individual transactions Users may have conducted through the Website. We are required to retain such information for accounting, legal and taxation reasons.
15. Link To Other Websites
The Website may link to third party websites that are not operated by us and we have no control and/or influence over such websites and their respective Terms of Service, Privacy Policy and other policies. If Users do elect to follow such links, Users do so entirely at their own risk and we strongly recommend that Users review the Terms and Conditions and Privacy Policy of such websites at the earliest opportunity.
16. Advertising
From time to time, we may display advertisements by third parties on the Website. To assist the third parties in assessing the performance of their advertisements, they may set cookies that allow their servers to identify Users and their activity on the Website. These cookies allow the third parties to direct more relevant advertisements to Users taking into consideration their activities on the Website and preferences.
17. Privacy Of Children And Minors
Our Service is restricted to persons over the age of 18. Neek - Music does not knowingly collect data and information relating to persons under the age of 18. Any parent who is aware that their child has provided us with misleading and/or false information in order to access the Website should inform us immediately in writing by way of our contact form on the Website. Once we are aware the information on a person under the age of 18 has been collected without parental consent, we will take all appropriate actions necessary to remove such information from our records and our servers.
18. Google Analytics
Neek - Music may make use of Google Analytics services from time to time as required. These services track and report on website traffic and the data collected is shared with other Google services and Google may use such data to improve and personalize advertising on its own network. Users may opt out of having their activity monitored by Google Analytics by installing the Google Analytics opt out addon for their browser. For information on Google’s privacy policy, please visit https://policies.google.com/privacy?hl=en .
19. Users’ Specific Data Protection Rights Under GDPR
For the purposes of GDPR, Neek - Music is defined as a Data Controller of Users’ personal information. All residents of the European Economic Area (EEA) are bestowed certain rights by GDPR in relation to their personal information/data as regards:
a) how it is collected;
b) under what circumstances it can be collected;
c) how it must be stored;
d) how it can be used; and
e) with whom and under what circumstances it can be shared.
Our legal basis of our collecting, storing, using and sharing Users’ personal information, is set out in
Clause 2.
GDPR confers on EEA resident Users certain conditional rights for the protection of their personal information and/or data:
to access, update or to delete certain personal information we have on Users;
to rectify the correctness of any information we have on Users;
right to object to our holding any information on Users;
to request us to restrict the information collected on Users and how we make use of it;
right to data portability for Users’ reuse elsewhere;
Users have a right not to be the subject of decisions based on automatic procession or profiling; and
right to withdraw the consent Users have previously given to use and request the erasure of any information we hold.
Before acting to any written request from Users in relation to the above, we may request for verification of their identity.
Please keep in mind that we may be under legal or contractual obligations which are in conflict with Users’ GDPR rights. These conflicts may prevent us from responding to some of User requests. Users are entitled to complain to a Data Protection Authority about our conduct in the collection and use of Users’ personal information. For more information, EU residents should contact their local data protection authority in the EEA
20. CCPA Compliance
Since 1st January, 2020, the California Consumer Privacy Act (“CCPA”) afforded specific rights to consumers to ensure that their privacy and their personal data is protected. While Neek - Music does not fall within the ambit of the CCPA, it will voluntarily comply with its requirements on a purely voluntary basis for the benefit of our Users in the US.
The rights conveyed by CCPA include the right to require businesses to disclose information about the collection and use of their personal information over the past 12 months. You may also ask us to delete any personal information that Neek - Music will collect from you. In the event that Neek - Music decides to sell the personal information of Users, something that will never happen, the User have the right to opt out of such sale. In the event that the User exercises any of his/her/its rights conferred by CCPA, Neek - Music is not allowed to discriminate against the User for exercising his/her/its rights.
For the purposes of CCPA, Neek - Music would be classified as a ‘Service Provider’.
Should the User wish to delete any of his/her/its information collected by Neek - Music, the User should send a written request to [email protected]. Neek - Music will assess the request and comply with it if the request does not wall within our exceptions to meet the User CCPA requests. These exceptions mainly relate to legal and statutory regulations which require Neek - Music to maintain certain User information. These usually relate to accounting and tax matters
21. Changes To P&C Policy
Neek - Music at all times reserves the right to change any and all aspects of this P&C Policy at any time without giving advance notice of such changes to Users and without giving reasons for such changes. If Neek - Music does give any explanation for changes in the P&C Policy, it is done so only as a courtesy and not as a requirement. Any changes to the P&C Policy shall become effective immediately the new P&C Policy is posted on the Website and a notice of such changes is posted on the Website. All Users are advised to review our P&C Policy from time to time to keep themselves updated on any changes.
22. Data Protection Personnel
If Users have any queries regarding this P&C Policy or their personal data and information, Users may contact our Data Protection personnel via email to [email protected].
23. Contact Us
Any person or legal entity requiring information in respect of our P&C Policy should contact us by way of email [email protected]. Our business address is as follows:
PO BOX 8018
MOUNT PLEASANT QLD 4740