The Platform Entertainment Limited Terms & Conditions

This is a legally binding agreement between you and The Platform. Please read these terms of use carefully before using this site.

These Terms & Conditions cover the following topics 

1. General Terms

2. Requesting a licence, performance, endorsement, appearance or composition on the Site

3. Registered Users

4. Site Usage & Content

5. Intellectual Property

6. Governing Law & Indemnification

7. Changes to our Terms & Conditions

General Terms

www.theplatform.co.nz (the "Site") is a website operated by The Platform Entertainment Limited, a company incorporated in New Zealand, Business Number 9429041786802

These terms of use set out the terms on which you may use the Site, whether as a guest or a registered user. This includes accessing, browsing, or registering to use the Site.

By using the Site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms of use, you must not use the Site.

No licence, ownership or usage is granted to any user for any track, artist, name or likeness on this site, or any medium managed or affiliated with us, without The Platform’s prior written consent.

The following terms also apply to your use of the Site: Our Privacy Policy explains how and for what purposes we use information we collect about you. By using the Site, you consent to such use and you warrant that all information and data provided by you is accurate.

By using the Site and, if applicable, by registering as a Registered User (as defined below) you warrant to us that you have the right, authority and capacity to agree to and to abide by these terms of use and you agree to and will at all times abide by these terms of use. We may at our discretion decide whether or not to accept any particular applicant as a Registered User.

If you are using the Site as a business entity, you warrant that you have the authority to legally bind that entity. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law.

Use of the Site is restricted to persons aged eighteen (18) years and over. If the person is aged below eighteen (18) years then they must seek consent by a parent and/or legal guardian who does hereby acknowledge that they have read and understood the Site and these Terms and Conditions.

If purchasing from The Platform within New Zealand, fees will additionally be subject to a charge of 15% as GST (Goods & Service Tax). If you are purchasing a licence outside of New Zealand, you may be exempt from paying GST, but you are solely responsible for ensuring you meet the tax obligations of your own country. 

Requesting a licence, performance, endorsement, appearance or composition on the Site

The Platform does not guarantee approval for requests sent by users for any track or music maker. Approval is granted at the music maker’s sole discretion and will be communicated to the user in writing by The Platform.

No track, name or likeness requested may be used without prior written approval by The Platform. 

Upon approval of any request, the user will be sent an agreement and invoice by The Platform. Failure to pay the invoice shall mean that no approval is granted and any use of the track, artist, name or likeness shall be unauthorised and shall constitute wilful copyright infringement.

Site Usage & Content

Nothing contained on, in or in connection with the Site provides or represents expressly or implicitly that any celebrity or other person endorses, recommends or uses any particular product or service and nothing contained on, in or in connection with the Site or our services should be seen as an official endorsement by any celebrity or other person.

We may update the Site from time to time, and may change content on it at any time without notice. Please note that content on the Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that the Site, or any content or information on it, will be free from errors or omissions, however we welcome your feedback. If you do identify errors or inconsistencies or have any suggestions, please let us know. You acknowledge we are under no obligation to amend or change Site content or information in light of this information.

We do not guarantee that the Site, or any content on it, will always be available or be uninterrupted. Access to the Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Site without notice. We will not be liable to you if for any reason the Site is unavailable at any time or for any period.

The Site may be accessed by any computer device, including mobile and tablet devices, however the Site is designed and tested within most modern browsers, therefore some of the Site features and functionality may not be compatible with older browser types and certain mobile devices or tablets.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these terms of use and other applicable terms and that they comply with them.

You acknowledge and agree that we may include third party advertising, sponsorship and/or endorsements including for any product, service or clause on or in connection with the Site, related material and otherwise in connection with our services in each case at our sole discretion from time to time. We shall be entitled to retain any such advertising, sponsorship and/or endorsement revenues and other proceeds for our sole use and benefit.

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which our site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity and contact details to them. In the event of such a breach, your right to use the Site will cease immediately.

You may link to any page on our Site, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not:

(a) Establish a link in such a way as to suggest any form of association, approval or endorsement on the part of The Platform without our prior written consent; (b) Establish a link from any website or location that is not owned by you (or operated by a third party on your behalf) unless we have given our prior written consent; or (c) Take any action, or allow any third party to take any action on your behalf, that would cause the appearance or presentation of the Site or our services as seen by users linking to the Site to be different from that seen by users who access the Site by hand-entering the applicable URL into a generally commercially available non-customised browser. You must not frame any part of the Site on any other website.

If you wish to make any use of material on the Site or if you wish to establish links other than that set out above, please address your request to us at support@theplatform.co.nz 

We reserve the right to withdraw linking permission without notice at our sole discretion

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information and click-through transactions. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You should also be aware that our terms of use and policies do not govern your use of those other sites or resources and you should review the applicable terms and policies, including privacy and data gathering practices, of any third party sites to which you navigate from the Site or relating to any resources or applications you use or install from third party sites.

Intellectual Property

We (and any identified contributors) are the owner or licensee of all IP Rights (as defined below) in, relating to and in connection with the Site, The Platform and our services and in the material connected with or published on the Site; including without limitation the name "The Platform" and our logo(s), device(s) and get up. Such IP Rights are protected by applicable treaties around the world. All such IP Rights are reserved to us and/or any identified third party contributors (as may be applicable).

For the purposes of these terms of use (and the documents referred to in them) "IP Rights" means all patents, rights to inventions, copyright and related rights, moral rights, trademarks and service marks, trade names and domain names, rights in get-up, rights to goodwill or to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights in confidential information (including know-how) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, and renewals of extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

You must not use any materials or content on the Site for commercial purposes without obtaining our or the relevant licensor's prior written consent to do so.

If you reproduce, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately and you must at our option return or destroy any physical copies of the materials or content you have made and delete any electronic copies you have made. We reserve all of our rights and remedies at law including, but not limited to, seeking injunctions or other equitable relief and/or damages for any breach of the obligations in this section.

If you believe that any of your work has been copied in a way that constitutes an infringement of any of your IP Rights or that your rights have otherwise been violated, you should contact us immediately on support@theplatform.co.nz 

Governing Law & Indemnification

This Agreement shall be governed and construed in accordance with the law of the country of New Zealand and the parties submit to the jurisdiction of that country.

If you access the Site from locations outside New Zealand you are responsible for compliance with local laws applicable to your access and use of the Site and the services.

If The Platform provides a translation of any English language version of these terms of use (or any documents referred to in them) you agree that the translation is provided for your convenience only and that the English language version of such documents will govern your relationship with us.

You agree to indemnify and hold The Platform, our subsidiaries, affiliates, officers, agents, partners and employees harmless from any loss, liability, claim or demand (including legal fees) arising directly or indirectly from your use of the Site and/or our services.

Any failure or delay by us in enforcing compliance with these terms of use (or the documents referred to in them) shall not be a waiver of that or any other provision.

If any provision of these terms of use (or the documents referred to in them) is deemed to be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

Changes to our Terms & Conditions

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we make, as they are binding on you.