ONLINE TERMS AND CONDITIONS
- Your Acceptance of Terms and Conditions
The sonymusic.co.nz network of websites (including sonymusic.co.nz and the related websites
which contain a direct link through to these terms and conditions) (“SONY MUSIC Sites”) is owned
and operated by SONY MUSIC ENTERTAINMENT NEW ZEALAND LIMITED (“SONY MUSIC”). Your
access to the SONY MUSIC Sites is conditional upon your acceptance of, agreement to and
compliance with the terms, conditions, notices and disclaimers, including the SONY MUSIC Online
Privacy Policy, contained here and elsewhere on the SONY MUSIC Sites (together, the “Terms and
Conditions”). Your use of and access to the SONY MUSIC Sites constitutes your agreement to the
Terms and Conditions. SONY MUSIC reserves the right to amend, update or change the Terms and
Conditions at any time without prior notice and you should periodically refer to them. - Intellectual Property in Content on SONY MUSIC Sites
The content of the SONY MUSIC Sites (including copyright works, text, material, software, images,
graphics, advertisements, databases, sound recordings, cinematograph films, animation,
downloads, e-cards, streaming audio and streaming video) (together, “Content”) is copyright ©
SONY MUSIC ENTERTAINMENT NEW ZEALAND LIMITED and/or its licensors. All Rights Reserved.
You must not modify, adapt, copy, reproduce, decompile, communicate, transmit, make available,
broadcast, perform, store, republish, print, commercialise, frame, upload or otherwise distribute
the Content in any way except as expressly permitted on the SONY MUSIC Sites. Provided that you
keep all Content intact and in the same form as made available by SONY MUSIC on the SONY
MUSIC Sites, you may, using an industry-standard web browser, temporarily download and view the
Content for your personal, non-commercial use but only in the course of browsing the SONY MUSIC
Sites. Otherwise, no part of the content of this site may be reproduced in any form without the
written consent of SONY MUSIC. All rights not expressly granted are reserved by SONY MUSIC. The
Content has been carefully compiled from sources believed to be reliable, but all Content is
provided on the basis that SONY MUSIC does not warrant or guarantee and accepts no
responsibility for the accuracy or completeness from time to time of any Content for any purpose.
Subject to any statutory provisions which may not be excluded by law, SONY MUSIC will not be held
liable for any damages whatsoever resulting from any action arising in connection with the use of
any Content or its publication, including any action for copyright infringement, trade mark
infringement or defamation. - Trade Marks
You must not use any of SONY MUSIC’s trade marks, including: Arista Records, BMG Classics, BMG
Heritage, BMG International Companies, Columbia Records, Epic Records, J Records, Jive Records,
LaFace Records, Legacy Recordings, Provident Music Group, RCA Records, RCA Victor Group, RLG
- Nashville, Sony Classical, Sony Music International, Sony Music Nashville, Sony Wonder, Sony
Urban Music, So So Def Records, Verity Records.
- User Licence and Consent
By submitting, posting or placing any information or other material on the SONY MUSIC Sites
(together, “Material”) or accessing the SONY MUSIC Sites, you grant to SONY MUSIC a perpetual,
royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in
respect of the Material:
- use, copy, reproduce, adapt, communicate, transmit, broadcast make available, publish, print,
publicly perform or display; and - sublicense to any person the unrestricted right to exercise any of these rights.
You warrant that the Material and its use does not infringe any copyright, trade mark, patent,
design, privacy, confidentiality or any right of any party or any law. You indemnify SONY MUSIC and
any of its assignees or licensees from any claim, liability, loss or damage arising in respect of your
breach or alleged breach of this warranty. You will procure that any author of Material,
unconditionally and irrevocably, to the fullest extent permitted by law (i) waives in favour of SONY
MUSIC and its licensees and their assigns all of the author’s moral rights; and (ii) consents to any
and all acts or omissions of SONY MUSIC and its Licensees and their assigns which would, but for
this consent, infringe any of the author’s moral rights, in relation to all forms of works and other
copyright subject matter (both existing and future) howsoever arising anywhere in the world in
connection with the Material and its use. Where the law requires SONY MUSIC and its Licensees
and their assigns to specify acts or omissions (or specified classes or types of acts or omissions) to
which the author consents, you will procure the author’s consent to the following with respect to
the Material: (a) alteration of size, colour and shape; (b) editing and adaptation, including use with
other materials and the overlay or superimposition of other materials; (c) digitisation, including
communication to the public; and (d) non-attribution of the author. If SONY MUSIC requests, you
shall execute and deliver to SONY MUSIC any instruments or documents which SONY MUSIC
believes are required to carry out any licence, waiver or consent. Any personal information
collected on the SONY MUSIC Sites will be handled in accordance with the SONY MUSIC Online
Privacy Policy.
- Use of SONY MUSIC Sites
The SONY MUSIC Sites may contain one or more bulletin boards, chat forum or other
communication facility (“Forum”). By using and accessing the SONY MUSIC Sites or a Forum, you
agree that you will not do any of the following:
- post, communicate or transmit any unlawful, criminal, threatening, abusive, defamatory, libelous,
contemptuous, obscene, vulgar, pornographic, profane or indecent Material; - post, communicate or transmit Material which violates or infringes the rights of any other person
or party or infringes any law; - inhibit or restrict any other user from using the SONY MUSIC Sites;
- interfere with the computer systems which support the SONY MUSIC Sites; overload a service;
engage in a denial-of-service attack; or attempt to disable a host; - post, communicate or transmit any file which contains viruses, worms, “Trojan horses” or any
other harmful, contaminating or destructive features; - access or attempt to access information resources you are not authorised to use;
- impersonate or falsely represent your association with any person or organisation;
- attempt to modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion
of a SONY MUSIC Site, including the use of automated tools; - post, communicate or transmit or use any material of any kind for commercial purposes, or which
contains any promotional material or advertising; - delete, circumvent or alter any author attribution, legal notices, rights management information or
technological protection measures; or - post, download or communicate any file or material posted by another user of a SONY MUSIC Site
if you know, or reasonably ought to know, that the file or material cannot legally be downloaded or
communicated in that manner.
It is your sole responsibility to be aware of the lawfulness of the Material. You acknowledge that all
Forum communications are public and not private communications. SONY MUSIC reserves the
right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any
lawful direction or request to disclose the identity or other information in respect of anyone
(including you) posting material which violates or allegedly violates any law. SONY MUSIC reserves
the right to remove without prior notice any posting of Material for any reason in SONY MUSIC’s
absolute and sole discretion but is not obliged to do so. You agree and acknowledge that: - SONY MUSIC is not responsible for any content or material in any Forum (including, without
limitation, any information, comments and/or advice of any individual or party referred to as a guest
or expert whose statements on a Forum are their own); - SONY MUSIC does not authorise or endorse the comments or material of users of a SONY MUSIC
Site or Forum; and - SONY MUSIC may use your personal information that is collected on a SONY MUSIC Site or Forum
for the purposes specified in these Terms and Conditions and will handle this personal information
in accordance with the SONY MUSIC Online Privacy Policy.
Complaints and comments regarding potentially prohibited material on a Forum should be
submitted via our email address.
- Linking to SONY MUSIC Sites
You must not link to any SONY MUSIC Site without first obtaining the prior written consent of SONY
MUSIC and such consent must be signed by SONY MUSIC’s General Manager of Business Affairs to
be valid. - Third Party Websites
SONY MUSIC Sites may contain links or references to Internet websites operated by third parties
(“Third Party Sites”). SONY MUSIC provides these links as a courtesy, and this should not be
interpreted in any way as an endorsement of any Third Party Site. Third Party Sites are not under the
control of SONY MUSIC and SONY MUSIC is not responsible for the content of any Third Party Site.
SONY MUSIC makes no representations or warranties and accepts no responsibility for the
accuracy, completeness, content or use of the information accessible from Third Party Sites. - Termination
These Terms and Conditions are effective until terminated by SONY MUSIC and SONY MUSIC may
terminate this agreement and/or your access or membership to the SONY MUSIC Sites at any time
without prior notice to you. In the event that SONY MUSIC terminates your access to the SONY
MUSIC Sites, you are no longer authorised to access the SONY MUSIC Sites, however, all
restrictions imposed on you, licences granted by you and all SONY MUSIC’s disclaimers and
limitations of liability contained in the Terms and Conditions will survive termination. - Disclaimer and Limitation of Liability
SONY MUSIC does not exclude any rights and remedies in respect of goods or services under the
New Zealand Consumer Guarantees Act (1993) which cannot be excluded, restricted or modified.
However, SONY MUSIC does exclude all other rights, remedies, conditions and warranties in
respect of goods, services and the SONY MUSIC Sites arising under custom, law or statute which
may be excluded. To the fullest extent permitted by law:
- SONY MUSIC makes no warranties, either express or implied, regarding the SONY MUSIC Sites,
the Content or any goods or services including, but not limited to, implied warranties of
merchantability or fitness for a particular purpose. SONY MUSIC does not warrant that your access
to the SONY MUSIC Sites, the delivery of the SONY MUSIC Sites or the Content shall be free from
errors, defects, bugs or viruses, uninterrupted, or reparable if damaged or impaired; - SONY MUSIC will not be liable for any indirect, incidental, special, punitive and/or consequential
damages, loss of profits and/or income, loss of data, loss of use, claims of third parties, or other
losses of any kind which result from any use or access of, or any inability to use or access, any
SONY MUSIC Site or any Content, or any product or service, even if SONY MUSIC has been advised
of the possibility of such damages or losses; - SONY MUSIC’s liability in respect of any product or service purchased from a SONY MUSIC Site is
limited to the less of (i) the replacement of any product or service purchased; and (ii) the purchase
price paid by you to SONY MUSIC for that product or service; and - SONY MUSIC is not liable to you or anyone else in respect of any interference with or damage to
your computer system or any other device which occurs in connection with your use of a SONY
MUSIC Site or a Third Party Site.
- Indemnity
You indemnify SONY MUSIC, its licensees and/or assignees in respect of any claims, loss, damage
or costs (including legal costs on a full indemnity basis) arising from or in connection with any
breach or alleged breach by you of these Terms and Conditions or any other legal obligation. - Waiver
SONY MUSIC’s failure to exercise or enforce any one or more of its rights under these Terms and
Conditions will not constitute a waiver of its rights. - Severability
If any part of these Terms and Conditions are or become illegal, invalid or unenforceable in any
relevant jurisdiction, the legality, validity or enforceability of the remainder of these Terms and
Conditions will not be affected and these Terms and Conditions will be read as if the part had been
deleted in that jurisdiction only. - Rights and Remedies
SONY MUSIC’s remedies and rights are cumulative and none of them limits any other remedy or
right of SONY MUSIC. Your undertakings and obligations are cumulative and none of them limits
any other of your undertakings or obligations. - Assignment
SONY MUSIC may assign its rights in whole or in part to any person in SONY MUSIC’s absolute
discretion. - Governing Law
These Terms and Conditions will be governed and interpreted in accordance with laws of New
Zealand and the parties submit to the non-exclusive jurisdiction of the courts of New Zealand. - Application to Wireless Access
For the avoidance of doubt, these Terms and Conditions equally apply to the use of SONY MUSIC
Sites (including access to Content and the purchase of SONY MUSIC goods and/or services) by
wireless means, including mobile telephone and other devices in use now or in the future. - Terms and Conditions of Sale
These terms and conditions apply, along with the rest of the Terms and Conditions stated above,
when you purchase goods and/or services from SONY MUSIC through a SONY MUSIC Site.
Shipping
When should I expect to receive my shipment?
Delivery in New Zealand averages 10 business days from receipt of order, but please allow up to 15
business days. International delivery can vary from country to country depending on customs
clearance for your respective country.
How much will it cost?
Shipping costs for orders from a SONY MUSIC Site depend upon the weight of the items you select.
The shipping cost will be displayed on the review order screen, after you enter your shipping
address and before you submit your order.
Do I get a receipt?
When you submit your order for purchase, we will confirm your order with an order receipt screen.
This screen includes a receipt number which you should retain should you need to contact us
concerning your order. If you would like additional information about your order, please contact our
Customer Service department.
Security
How secure is my information?
SONY MUSIC is aware of the concerns that you may have with the security of using your credit
cards to purchase products over the Internet. To protect your data and privacy, we automatically
encrypt your personal information and credit card data using Secure Sockets Layer (“SSL”)
software. SSL is the industry standard and among the best software available today for secure
online commerce transactions. It encrypts all your personal information, including credit card
number, name, and address, so that it cannot be read as the information travels over the Internet.
How will I know it is safe? You will know when transmitted data is safe by the appearance of a
security notice when you enter a secure page. Also, a secure icon will appear on your browser. For
Microsoft Internet Explorer, this is a lock icon. Secure web pages can also be identified by their
URL: they begin with ‘https://’, while standard pages begin with ‘http://’.
GST
Is GST included?
Yes. Unless expressly stated otherwise, all prices displayed on a SONY MUSIC Site include Goods
and Services Tax (GST).
Returns
Can I return goods purchased from a SONY MUSIC Site?
Yes. Within 30 days of receipt of your order, you may return any item for a full refund, under the
following conditions:
- Items must be in their original condition, with original packaging and accessories.
- Packaged merchandise must be unopened.
- Naturally, we can process returns and refunds only for items purchased from a SONY MUSIC Site.
Damaged or exchange items?
Please contact Customer Service to organise an exchange or refund. We are not able to process
exchanges online.
Easy 1-2-3 Process
Just follow the 3 easy steps below:
- Please write down the reason for your return and your Receipt Number (from your original order).
- Wrap the merchandise securely and box it with the above note.
- Return your parcel to:
Returns
Sony Music Entertainment NZ
Level 1, 100 Ponsonby Road
Grey Lynn, Auckland
New Zealand 1011
Payment
Payment will be considered received once the amount paid by you is received by SONY MUSIC in
immediately available funds. SONY MUSIC reserves the right to cancel any order or delivery until
payment is received.
Risk and Damage
All items purchased from a SONY MUSIC Site are made pursuant to a shipment contract. This
means that the risk of loss and title for such items pass to you upon our delivery to the carrier and
SONY MUSIC accepts no responsibility for any loss or damage of goods occurring in transit.