Terms of Service

Terms of Service

Last Updated: January 10, 2024

Agreement to Terms

We ask that you read these Terms of Service carefully as it is a legal agreement between you and musicpod.com.au (“Musicpod,” “we,” “us,” or “our”) that governs your use of https://www.musicpod.com.au, the Musicpod mobile device application, and any Musicpod websites that display these terms (collectively, the “Website”) and any purchase of products from Musicpod.

By purchasing products or otherwise accessing the Website, you signify that you have read, understand, and agree to be bound by these Terms of Service, whether or not you are a registered user. If you do not agree to these Terms of Service, please do not use the Website.

You agree to our use of your personal information in accordance with our Privacy Policy, which is available at https://www.musicpod.com.au/pages/privacy-policy. Your use of the Website is subject to the Privacy Policy.

Arbitration Notice

Unless you opt out of arbitration within 30 days of the date you first agree to these terms by following the opt-out procedure specified in the “Arbitration Agreement and Class Action Waiver” section below, you agree that most disputes between you and MusicPod will be resolved by binding, individual arbitration, and you are waiving your right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

No Medical Advice

We share information about our experience with certain Musicpod products. You may also see information relating to other people’s experience with our products. Please be advised the Website is not intended to provide medical advice, diagnosis, or treatment. The products, information, services, and other content provided on and through the Website are provided for informational purposes only. We strive to inform you about the standards that go into our products, but only you can decide how our products affect you (every person may react differently). You should not use the information on this Website for diagnosis or treatment of any health problem. If you suspect you have a medical problem, or if you have any health-related questions, please consult with your physician or other health care provider.

Changes to the Terms of Service

Like our products, our business continues to grow and evolve. Accordingly, we have the right to change the Terms of Service at any time. If we change the Terms of Service, we’ll let you know either by posting the modified Terms of Service on our Website or by communicating with you directly. Your continued use of the Website will be considered your acceptance of the revised Terms of Service.

Because we constantly improve the Website, we may change or discontinue any part of the Website, at any time and without notice.

Registering for an Account

You must be at least 18 years old to order products from the Website. When ordering products, you may register an account or checkout as a guest. Registering an account allows you to check order status and view previous orders. Please provide accurate and complete information when creating your account and for the duration that you use the Website. You’re responsible for all activities that occur under your account, whether or not you know about them.

Ordering, Shipping, and Returns

Orders

All orders placed through the Website are subject to our acceptance. We cannot guarantee that all items listed as "in stock" will ship right away, as inventory changes significantly from day-to-day. In rare cases, an item may be in stock when you place an order but is sold out by the time we attempt to process the order. We will notify you if this happens and cancel the item from your order, or we will notify you if a shipment may be made at a later date.

Shipping

We strive to process and ship out orders the following business day. We attempt to post any delay in the shipping process to our Website.

Typically, our handling time is 2-3 business days and shipping is 6-10 business days.

Shipments within United States of America

All orders come with tracking numbers and shipped via USPS (and affililates) if the delivery address is located in the United States of America. Please be advised USPS products and packages may require more time to be delivered due to limited transportation availability as a result of the ongoing supply chain impacts.

International Shipments outside of the United Sates of America

International purchases are shipped using our partnered carrier services. This may take up to 9-12 business days.

Limited Warranty and Returns

We offer a 30-Day Money Back Guarantee on all Musicpod branded products purchased from the Website (excluding special orders).

This warranty extends to the original purchaser of Musicpod branded products with proof of purchase and begins on the date of receipt. If you would like to return your Musicpod products, please contact customer service for a return shipping label at support@musicpod.com.au If you choose not to use our prepaid return label, we do not refund return shipping cost. After we have received and verified your return, we will refund the original form of payment.

Intellectual Property

All materials included on the Website, such as product images and information, videos, graphics, articles and reports, and the software powering the Website (“Materials”), are the property of Musicpod or its licensors. The Materials are protected by copyright, trademark and other intellectual property laws.

Any third-party trademarks that appear on the Website are the property of their respective owners. You may not use any of these trademarks without express written permission from Musicpod or their owners.

Limited License

So long as you comply with these Terms of Service, you may access the Website and view the Materials for non-commercial purposes. You may download and print a reasonable number of the Materials for your personal use only. You may not use, download, print, copy, distribute, or modify Materials for any other purpose.

License Restrictions

Your right to use the Website is conditioned on compliance with these Terms of Service and applicable laws. You may not (and you may not permit anyone else to):

Use any manual process or robot, spider, scraper, or other automated means to collect information from the Website or from other Website users;
Use the Materials or other data or information from the Website for commercial purposes;
Mirror any Materials contained on the Website or any Musicpod server or use framing techniques to enclose the Website or any part of the Website;
Circumvent any of the technical limitations of the Website;
Interfere with or prevent access to the Website by other users, or impose an unreasonable service request or usage load on our infrastructure;
Change or remove any copyright, trademark, or other proprietary notices on the Materials or Website;
Impersonate any person or entity, misrepresent yourself or your entity, or attempt to use another user’s account without the user’s permission;
Use any metatags or any other hidden text incorporating Musicpod name or trademarks in any online Website or posting;
Solicit, trace or otherwise collect any information from users or visitors of the Website;
Use the Website for commercial activities such as contests or advertising; or
Create a database by downloading and storing the Materials.

User Feedback and Other Data

Your feedback and Website participation are important to us. With respect to any content you submit or make available to Musicpod or on the Website (including through social media channels), such as your biography, likeness, comments, reviews, pictures, videos and other content (“User Content”), you grant to Musicpod a non-exclusive, perpetual, worldwide, royalty-free, transferable license to use, copy, distribute, publicly display, modify, create derivative works, commercialize and sublicense User Content for any legal purpose.

In the event that you submit or post any creative suggestions, proposals, or ideas about our products and services (“Feedback”), you agree that Feedback will be treated as non-confidential, and you assign all intellectual property rights in Feedback to Musicpods.

You promise that your User Content and Feedback does not and will not violate these Terms of Service or the rights of any third party, including intellectual property and privacy rights.

Copyright Takedown Policy

Musicpod respects intellectual property rights. If you believe your copyrighted work has been copied or posted on or through the Website in a way that constitutes copyright infringement, then please contact us at support@musicpod.com.au and provide the following information:

A description of the copyrighted work that you believe has been infringed;
A description of what the allegedly infringing work is;
A description of the location where the allegedly infringing work is located on the Website;
An address and telephone number where you can be contacted, including an email address if possible;
A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;
A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright; and,
A statement, made under penalty of perjury, that the above information in the notice is accurate and that the signatory is the copyright owner or is authorized to act on behalf of the copyright owner.

Consult your legal advisor before filing an infringement notice because there can be penalties for false claims under the Digital Millennium Copyright Act.

Communications

By providing your contact information, you agree to receive certain electronic communications from us. You agree that any notice, agreement, disclosure, or other communication that we send you electronically will satisfy any legal notice requirements, including that such communications be in writing. All calls, emails, and other communications between you and Musicpod may be recorded.

Termination; Cooperation with Law Enforcement

If we believe you have violated these Terms of Service or any applicable law, we may terminate your account, block access to or use of the Website, and investigate and suspected violations of these Terms of Service. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Warranty Disclaimer

THE WEBSITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. YOU USE THE WEBSITE AT YOUR OWN SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO YOUR USE OF THE WEBSITE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE WEBSITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. YOU UNDERSTAND AND AGREE THAT WE DO NOT OFFER MEDICAL ADVICE OR DIAGNOSES OR ENGAGE IN THE PRACTICE OF MEDICINE. THE WEBSITE IS NOT INTENDED TO BE, AND DOES NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT RESPONSIBLE FOR ANY HEALTHCARE OR RELATED DECISIONS MADE BY YOU OR YOUR HEALTHCARE PROVIDER BASED UPON INFORMATION ON THE WEBSITE, WHETHER SUCH INFORMATION IS ACCURATE OR INACCURATE.

WITH RESPECT TO PRODUCTS PURCHASED THROUGH THE WEBSITE, WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE EXPRESS LIMITED WARRANTY DESCRIBED ABOVE UNDER “LIMITED WARRANTY AND RETURNS”.

Limitation of Liability and Damages

THE REMEDIES DESCRIBED ABOVE UNDER “LIMITED WARRANTY AND RETURNS” ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY PROVIDED BY MUSICPOD. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSICPOD, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICES PROVIDERS AND LICENSORS WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWEVER CAUSED, WHETHER BASED ON UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL MUSICPOD'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR MATERIALS EXCEED $500.

The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between Musicpod and you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Indemnity

You agree to defend and indemnify Musicpod, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service or your use of the Website.

Arbitration Agreement and Class Action Waiver

Subject to the exceptions described below, all disputes arising out of or related to these Terms of Service or any aspect of your relationship with Musicpod, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be resolved through final and binding arbitration before a single arbitrator instead of in a court by a judge or jury. Arbitration procedures are simpler and more limited than rules applicable in court.

Arbitration is mandatory for the claims covered under this arbitration agreement. You agree that Musicpod and you are each waiving the right to trial by a jury, and that any arbitration will take place on an individual basis. You hereby waive the ability to participate in a class action.

The parties agree that the arbitrator will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement.

You and Musicpod each retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of a party’s trade secrets or intellectual property rights.

You will also have the right to litigate any other dispute that would otherwise be subject to this arbitration agreement if you opt out of the arbitration agreement by sending an email to support@musicpod.com.au within 30 days after the date you first agree to these Terms of Service. If you don’t provide Musicpod with a timely opt-out notice, this arbitration agreement applies.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (currently available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879). The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person appearances will be held at a location that is reasonably convenient to both parties. If the parties are unable to agree on a location, the arbitrator will determine the location. If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Musicpod will contribute to your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitrator’s decision will follow the terms of this Agreement (including the Limitation of Liability provision) and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction.

Miscellaneous

Survival.The terms that by their nature may survive termination shall remain in effect and survive the termination of these Terms of Service, including without limitation, User Feedback and Other Data, Intellectual Property, Arbitration Agreement and Class Action Waiver, Ownership, Indemnity, Warranty Disclaimer, Limitation of Liabilities and Damages, and Miscellaneous.
Assignment.These Terms of Service are personal to you, the user. You may not assign these Terms of Service or any rights and licenses in these Terms of Service to another party. These Terms of Service may be assigned by Musicpod without restriction.
Limitations on Claims.Any cause of action or claim you may have with respect to Musicpod or the Website (including without limitation the purchase of products and services) must be commenced within one year after the claim or cause of action arises.
No Waiver.Our failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of that or any other right or provision. Neither the course of conduct between the parties nor trade practice shall modify any of the terms in these Terms of Service.
Entire Agreement.These Terms of Service and the Privacy Policy constitute the entire agreement between you and us and govern your use of the Website. These Terms of Service supersede any prior agreements, communications, representations, or understandings between you and us, including without limitation any prior versions of these Terms of Service.

Contact Information

Email: support@musicpod.com.au

Support: Monday-Friday 10:00AM - 7:00PM EST

Phone: (02) 8005 7146

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