Indie Wax – User Terms and Conditions

1. About These Terms

The Service is operated by Caetano Fortunato Pty Ltd trading as Indie Wax (ACN 700 080 922) (Indie Wax, we, us, our), based in Victoria, Australia.

These Terms and Conditions (Terms) govern your access to and use of Indie Wax's digital platform, including the Indie Wax website, any Indie Wax-branded applications, and any artist-specific applications (Artist Apps) created and operated by Indie Wax (collectively “the Service”).

By creating an account, accessing or using the Service, you agree to be bound by these Terms.

These Terms should be read in conjunction with our Privacy Policy available at https://indiewax.app/privacy, which forms part of these Terms.

2. Eligibility and Accounts

You must be at least 16 years old to use the Service. If you are under 18, you represent that you have the consent of a parent or legal guardian.

You must provide accurate, current and complete information when creating your account and keep this information up to date.

You are responsible for maintaining the confidentiality of your login credentials and are liable for all activities under your account. Notify us immediately of unauthorised use of your account.

3. Relationship Between Indie Wax, Artists and Users

Indie Wax builds and operates individual artist apps (Artist Apps) under the Indie Wax ecosystem. Each Artist App functions as a digital shopfront and portal for that specific artist (Artist).

The music, artwork, videos, audio files, images, videos, text and artwork (Artist Content) provided by the Service is owned or controlled by the relevant artist or their licensors, not by Indie Wax. We only provide the technical platform and infrastructure for the Service.

Purchases you make within an Artist App are commercial transactions between you and the artist. Artists manage payments through their own Stripe accounts connected via Stripe Connect. Indie Wax does not process, hold or have custody of customer payments.

Indie Wax is not liable for any losses or damages users experience as a consequence of transactions, purchases or payments made within any Artist App. We are not liable for artist conduct, disputes between you and artists, or artist-provided content.

4. Payments

Indie Wax does not require its users to pay to use the Service.

Purchases of albums, singles, EPs or Extras are payments processed directly through the artist's connected Stripe Payments Australia Pty Ltd account (Stripe).

Transactions made using Stripe are governed by the terms and conditions agreed to by users and Stripe.

Refunds, disputes and payment support are handled exclusively by the artist via their Stripe account.

5. Access to Music and Content

Stream music and audio content free of charge with advertising.

Ad-free streaming and other artist content can be purchased through the Artist Apps, under the Terms of this Agreement.

We do not guarantee permanent availability or accessibility of content provided through the Service.

6. Intellectual Property and User Licence

The Artist Content, software, algorithms and codes (Content) is protected by copyright and intellectual property laws.

Subject to these Terms, we grant users a limited, non-exclusive, non-transferable, revocable personal licence to access and use the Service and stream/access Content for personal, non-commercial use only.

Users must not copy, reproduce, record, distribute, publicly perform or display, sell, resell, exploit or create derivative works of the Content from the Service without written permission from the owner/licence holder of the Content.

7. User Conduct and Community Guidelines

Users must not use the Service: (a) unlawfully, fraudulently or harmfully; (b) to infringe rights of others (copyright, intellectual property); (c) to upload viruses, malware or harmful code; (d) to gain unauthorised access to systems or accounts; (e) to harass, threaten or defame; (f) to spam or post misleading information.

Users must not access, create or transmit any pornographic, violent or illegal content through the Service. We reserve the right to remove or restrict access to accounts, content or functionality where we reasonably believe there is a breach of these guidelines, without limiting other rights.

8. Privacy and Data

We collect, use, store and disclose your personal information per our Privacy Policy https://indiewax.app/privacy, in compliance with the Privacy Act 1988 (Cth) and Australian Privacy Principles.

By using the Service, users consent to the collection and use of their information for account operation, fraud prevention, analytics and insights which may be provided to artists and other third parties in de-identified/aggregated form.

Users accept and agree that we made no assurances and have no liability Stripe’s privacy obligations with respect to any user information Stripe collects, uses and stores.

9. Third-Party Services and App Stores

The Service may display third-party content, advertising or links (Third-Party Services). We do not control or endorse any products or services advertised through the Service and we are not responsible for the content or conduct of parties advertising through the Service.

Advertising may be targeted based on user information and activity, per the Terms of this Agreement.

10. Copyright Infringement and Takedown

If you believe Content infringes your copyright or rights, email us at [email protected] with: (a) your contact details; (b) identification of infringing content; (c) identification of your work; (d) statement of good faith belief.

We will investigate and remove infringing content promptly or notify the artist for its removal. Artists are responsible for ensuring their content does not infringe third-party rights.

We are not liable for any losses or damages resulting from infringement of copyright or intellectual property rights by Artists using the Service.

11. Suspension and Termination

A user may delete their account through this link https://indiewax.app/user/deactivate.

We may suspend or limit/remove user access or delete a user account, at our sole discretion, when a user breaches these Terms, engages in unlawful activity, or we discontinue the Service. We will act reasonably and provide notice of any suspension or limitation/removal or deletion of a user account termination as required by law.

When a user’s to access the Service is suspended or limited/removed or their account is deleted they remain bound by the Terms which survive termination of this Agreement, including but not limited to copyright, intellectual property obligations.

12. Disclaimers and Limitation of Liability

To the extent permitted by law, the Service and Content are provided 'as is' and 'as available'. We do not warrant uninterrupted, error-free or virus-free operation.

Nothing in these Terms excludes, restricts or modifies any consumer guarantees under The Australian Consumer Law as set out in Schedule 2 of the Competition and Consumer Act 2010.

To the extent we permitted by law, users agree that we are not liable for direct, indirect, incidental, special or consequential losses (including but not limited to lost profits, data, revenue) arising from use of the Service.

13. Force Majeure

We are not liable for delays or failures of the Service due to events beyond our reasonable control, including but not limited to natural disasters, war, terrorism, cyberattack, government action, pandemic or ISP failure.

14. Changes to Terms and Service

We may modify or discontinue the Service or any features at any time.

We may update these Terms from time to time.

A user’s use of the Service after being notified of any changes to the Terms constitutes agreement to be bound by these updated terms.

15. Severability

If any term of this Agreement is held invalid or unenforceable, it is severed and remaining Terms continue.

16. Entire Agreement

These Terms constitute the entire agreement between users and us.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of Victoria, Australia. Users submit to the non-exclusive jurisdiction of Victorian courts.

Contact us at [email protected] to resolve disputes informally before legal action.

18. Contact Us

Email: [email protected]

Address: Indie Wax Pty Ltd, 12/6-12 Pearl Street, Northcote, Victoria, Australia