We acknowledge Traditional Owners of Country throughout Australia and recognise the continuing  connection to lands, waters and communities.  We pay our respect to Aboriginal and Torres Strait Islander cultures; and to Elders past and present. 

Aboriginal and Torres Strait Islander peoples should be aware that this website contains images or names of people who have passed away

 

Terms & Conditions

 

Kay Hughes Music,  ABN  74 227 234 490

These Terms of Use (terms) relate to the Kay Hughes Music website at kayhughesmusic.com (website), related entities and any apps operated by Kay Hughes Music from time to time (together, online services).

The online services are operated by Kay Hughes Music and provides users with information and services relating to the business activities of Kay Hughes Music.

You are only authorised to access or use the online services if you accept and agree to these terms. Your continued use of any online services is acceptance of, and agreement to be bound by, these terms and any modifications.

Kay Hughes Music may modify these terms from time to time and any such modification will be effective upon posting of the modification on the website.

Kay Hughes Music reserves the right to exclude any users from accessing the online services if they are found to be in breach of these terms.

1. Limitations of Liability

Kay Hughes Music is not responsible for the conduct, whether online or offline, of any user of the online services. While Kay Hughes Music has no obligation to monitor any user’s use of the online services, it does retain the right to at all times, monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. You will indemnify Kay Hughes Music if it suffers any loss or damage or incurs any costs in connection with any breach of these terms or any other legal obligation by you or your use of or conduct on the online services.

Kay Hughes Music cannot guarantee:

  • you will be able to access the online services at all times; or 
  • your access will be uninterrupted or secure; or
  • information found on the online services will be reliable, current, accurate or complete; or
  • the online services or server are free of viruses or bugs.

In no event will Kay Hughes Music be liable to you or any third party for any indirect, consequential, incidental damages including lost profits or damages arising from your use of the website, your reliance on any information found on the online services, or any technical failures, delays in operation or transmission or malfunctions in equipment or software.

2. Obligations on user

Information posted on the online services is general information provided to assist users to understand the business operations of Kay Hughes Music. It is not intended to be legal, management, medical, psychological or lifestyle advice and should not be relied upon as such. You should seek independent advice for these purposes.

You warrant that you will not use the online services for any unlawful purpose and agree to abide by all applicable laws and regulations in addition to these terms.

3. Content on website

All material contained on the online services is protected by copyright. Other than downloading or printing for personal reference, you cannot copy, modify, translate, publish, communicate, perform, display, sell or reproduce the material in whole or part without the express approval of Kay Hughes Music. 

Inclusion of any linked site on the online services does not imply approval or endorsement of the linked site by Kay Hughes Music. Kay Hughes Music does not monitor or review the content of any linked sites on the online services. You access any linked sites from the online services at your own risk and Kay Hughes Music takes no responsibility for any actions taken by that third party in response to your communication with it via a link. Users are prohibited from unauthorised linking to the online services.

While Kay Hughes Music makes every effort to ensure information is current and accurate, it makes no representations as to the currency or accuracy of any information contained on the online services.

4. Privacy

Use of the website is also governed by our Privacy Policy, which is incorporated into these terms by this reference and is available to be viewed by reading our privacy policy (Appendix 1 to this document).

There may be cookies or other data collection or tracking technology on some pages of the online services to help Kay Hughes Music assist users each time they return. Information that may be collected by Kay Hughes Music via its website host through the uses of cookies may include page impressions and incidences of use. You may set your browser to refuse cookies or warn you when a cookie is sent to you and this gives you more control over acceptance of them.

The data collected from cookies may be used by Kay Hughes Music and its website host to analyse browsing patterns of users in order to improve the content and design of the online services. The information collected from these cookies is for the exclusive use of Kay Hughes Music and its website host, and will not be shared with or sold to other parties.

5. Jurisdiction

The online services and these terms are governed by and must be interpreted in accordance with the laws of New South Wales. Each user, member and subscriber unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.

6. Indemnity

You agree to indemnify Kay Hughes Music, its subsidiaries and affiliates, and their respective officers, agents, partners, employees and contractors, harmless from any loss, liability, claim, or demand, including reasonable solicitors’ fees, made by any third party due to or arising out of your use of the online services in breach of these terms.

7. Payments, Refunds and Returns

All fees and monetary amounts referred to on the website are quoted in Australian dollars unless specifically stated otherwise.

All payments made to Kay Hughes Music are subject to the terms and conditions of your subscription agreement and/or purchase of downloads and CDs. Payments made in error must be notified in writing to Kay Hughes Music within 14 days of the transaction.

If our physical product arrives to you damaged, a photo of the damage must be sent to Kay Hughes Music within 14 days of receipt in order to discuss replacement. 

If you require a tax invoice, contact Kay Hughes Music within 14 days of the transaction.

All payments submitted through the online services are processed by Paypal, Square or another reputable 3rd party. Kay Hughes Music does not store or retain any credit card data.

8. Other

The failure of Kay Hughes Music to exercise or enforce any right or clause of these terms does not operate as a waiver of such right or clause.

If you become aware of misuse of the website by any person, any errors in the material on the online services, or any difficulty in accessing or using the website, please contact Kay Hughes Music immediately by email at kayhughes108@gmail.com.

                                                                                                                          

Appendix 1 Privacy Policy

1. General Policy

This privacy policy (Policy) relates to all personal information collected, held, used and disclosed by or on behalf of Kay Hughes Music. It covers all of our activities, including our operation of the website at www.kayhughesmusic.com, related entities and any apps operated by Kay Hughes Music and related entities from time to time (together, Online Services) and our dealings with other organisations.

At Kay Hughes Music, we take our privacy obligations seriously and are committed to ensuring that we handle personal information in accordance with the Australian Privacy Principles (APPs) contained in the Privacy Act 1988 (Cth) (Act). Under the Act, “personal information” is information or an opinion about an identified individual, or an individual who is reasonably identifiable, whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

This Policy sets out:

  • the kinds of personal information that Kay Hughes Music collects and holds;
  • how Kay Hughes Music collects and holds personal information;
  • the purposes for which Kay Hughes Music collects, holds, uses and discloses personal information;
  • how you may access personal information about you that is held by Kay Hughes Music and seek correction of it;
  • how you may complain about a breach of the APPs and how Kay Hughes Music will deal with such a complaint; and
  • the circumstances in which personal information is likely to be disclosed to overseas recipients and the countries in which such recipients are likely to be located.

2. Collection of your personal information

Where Kay Hughes Music collects and holds  personal information, it is collected and held for our business purposes, which are generally to fulfil our legal obligations and to keep members and subscribers informed of our activities and services. These purposes include collecting subscription fees, conducting events and educating the public about Kay Hughes Music’s activities. Kay Hughes Music’s business purposes are further detailed on our website at www.kayhughesmusic.com.

The kinds of personal information that Kay Hughes Music collects and holds include:

  • member and subscriber names, telephone numbers, email addresses, address and payment details;
  • photographs, videos, songs and personal stories about music, dementia and other important life experiences;
  • other information for our business purposes, which is reasonably necessary for, or directly related to, our functions or activities.
  • You might also share personal information with Kay Hughes Music in connection with communications in relation to our services.

The Online Services may use cookies and third-party analytics tools such as those provided by Facebook and Google to improve your experience, ensure that our online services function correctly (such as enabling you to log-in to sections of the Online Services) and to provide Kay Hughes Music with information about how you use our Online Services.

The analytics tools provided by Facebook and Google place or access cookies on your device, which allow them to monitor your use of our Online Services and, where you have an account with those services, may allow them to identify you.

More information regarding these services, including their privacy policies and information about opting out is available on their websites:

  • Google: https://policies.google.com/technologies/partner-sites.
  • Facebook: https://www.facebook.com/policies/cookies/.

The web browser or device you use may offer settings that allow you to choose whether cookies are accepted or to delete them. More information about these controls will be available in the help material for your browser or device. Certain parts of the Online Services may not work properly if you disable cookies. Certain third party services also permit you to opt out of analytics and targeted advertising such as http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.

Kay Hughes Music will collect personal information directly from you unless it is not reasonable or practicable to do so. Kay Hughes Music may solicit personal information through our Online Services, in documents or during communications with our members, subscribers and others.

3. Use and disclosure of your personal information

Kay Hughes Music may use and disclose your personal information for the purposes for which it has been collected, or for any other purposes to which you have consented. You may give Kay Hughes Music your consent expressly, or it may be implied by your conduct. Subject to the requirements of the APPs, if you would reasonably expect the information to be used or disclosed for another purpose, Kay Hughes Music may also use or disclose it for that purpose.

Kay Hughes Music may, from time to time, send to you marketing material that Kay Hughes Music consider will be useful to you, or other material about our activities. Kay Hughes Music will only do this if we collected the information from you and you would reasonably expect us to use or disclose the information for that purpose, or if you have consented to receiving such communications. Generally, we will first obtain your consent. If you do not wish to receive this information, you can let us know and we will stop sending it to you within a reasonable period of time.

Depending on the service, your personal information may be disclosed to:

  • external service providers (for example in relation to their storage and management of databases, management of website, app and email traffic and processing of credit card information) – this disclosure will always be made on a confidential basis and such service providers will be limited in their use of your information to the purpose of Kay Hughes Music’s activities only;
  • overseas and local organisations that have a reciprocal agreement with Kay Hughes Music or with which Kay Hughes Music has an agreement to share member & subscriber information, such as (but not limited to):

Kay Hughes Music may at other times notify you about our disclosure practices in relation to specific services that we provide in relation to our activities.

In addition, Kay Hughes Music may use or disclose personal information:

  • if authorised or required by or under an Australian law or court/tribunal order;
  • if Kay Hughes Music reasonably believes that the use or disclosure is necessary to take appropriate action in relation to suspected unlawful activity or misconduct;
  • if Kay Hughes Music reasonably believes that the use or disclosure is reasonably necessary for one or more enforcement related activities conducted by, or on behalf of, an enforcement body;
  • if reasonably necessary for the establishment, exercise or defence of a legal or equitable claim or for the purposes of confidential alternative dispute resolution;
  • if Kay Hughes Music reasonably believes that the use or disclosure is necessary to lessen or prevent a serious threat to life, health or safety and it is unreasonable or impracticable to obtain your consent; and
  • Kay Hughes Music reasonably believes that the use or disclosure is reasonably necessary in order to locate a person reported as missing.

Where Kay Hughes Music discloses personal information to third parties, we impose strict obligations of security and confidentiality regarding the way they handle that information. Kay Hughes Music does not grant them permission to sell or transfer that personal information.

4. Security of your personal information

Once collected, Kay Hughes Music holds personal information in a number of different formats, including (but not limited to) software programs (located both onsite and offsite, including in the cloud), databases, filing systems and in offsite backup storage. Kay Hughes Music takes reasonable steps to protect your personal information from loss, unauthorised access, modification, disclosure, interference or other misuse.

5. Sensitive Personal Information

The Act imposes special obligations where sensitive information (including information relating to your racial or ethnic origin, membership of political bodies, religion or trade unions, sexual preferences or activities, criminal record, state of health or medical history) is collected, used and disclosed. Kay Hughes Music will not collect sensitive information about you unless you consent (we take your provision of the information to be consent to its collection), and the information is reasonably necessary for one or more of our functions or activities. If Kay Hughes Music holds any sensitive personal information about you, that information will only be used and disclosed by Kay Hughes Music for the purpose that it was provided by you.

6. Access to your personal information

At any time, you may request access to personal information about you that Kay Hughes Music holds by contacting Kay Hughes Music at kayhughes108@gmail.com or by mail addressed to: Kay Hughes Music, 8/21 Victoria St, Belmont NSW 2280. Kay Hughes Music will process your request within a reasonable time. If Kay Hughes Music is not legally required to provide access to the personal information requested and does not exercise its discretion to do so, we will let you know our reasons.

7. Correction of your personal information

You should promptly notify Kay Hughes Music if there are any changes to your personal information. You may ask Kay Hughes Music at any time to correct personal information we hold about you by contacting Kay Hughes Music at kayhughes108@gmail.com or by mail addressed to: Kay Hughes Music, 8/21 Victoria St, Belmont NSW 2280, and Kay Hughes Music must respond to you within a reasonable time. 

Kay Hughes Music will generally comply with requests to correct personal information, however if we refuse, we will give you a written notice explaining our reasons for refusal and the means by which you can make a complaint.

8. Dealing with complaints

If you have a complaint about Kay Hughes Music’s breach of the APPs, you should contact Kay Hughes Music at kayhughes108@gmail.com or by mail addressed to: Kay Hughes Music, 8/21 Victoria St, Belmont NSW 2280. Kay Hughes Music will investigate your complaint and respond to you within a reasonable time and in accordance with our legal obligations. We will take any necessary corrective actions promptly.

9. Changes to this Policy

Kay Hughes Music may amend this Policy from time to time, and the amended Policy will be published on our website at www.kayhughesmusic.com. Any changes will be effective as of the date they are posted on this page.

For further information about privacy issues, see the Office of the Australian Information Commissioner's website at www.oaic.gov.au.