Welcome to Savvytunes!

We really mean welcome. Creating Savvytunes was literally years in the making. Savvytunes whole purpose is to provide Real Value Always. We are very proud to be your digital music provider of choice.

Our background has been telecommunications over 16 years. So we really understand how hard it is for customers to get a fair deal. After providing real value always to our telecommunications customers we decided to do music better. We work tirelessly to make sure that you get the best possible music content and prices all the time. Savvytunes is always on your side!

Note
Savvytel gives all of its customers 25% in free music with every dollar spent. Savvytel issues a 12 digit PIN with every purchase for free music at Savvytunes up to the value of $25 excluding all music and mobile hardware purchases.

PART I, GENERAL TERMS AND CONDITIONS

Savvytunes is a wholly owned Australian company(ACN: 135 622 187), Savvytunes is a reseller of digital music products provided by Blue Pie www.bluepie.com.au and World Wide Digital Music www.worldwidedigitalmusic.com . You can contact SavvyTunes via the following contact details:

SavvyTunes Pty Ltd
ABN: 16 135 622 187
ACN: 135 622 187
The Expo 112
Unit 20 No 112 McEvoy Street
Alexandria NSW 2015
Australia
e: support@savvytunes.com.au
w: www.savvytunes.com.au
p: 612 9310 0155
f: 612 9310 0166

Savvytunes will provide you with the Services in accordance with:
These General Terms and Conditions and the Service Description; the applicable charges shown in the Standard Rate Table as modified from time to time; the on-line Order (the "Order") (collectively, the "Agreement").

1.1 Savvytunes will provide music vouchers for purchase via the Savvytunes website www.savvytunes.com.au for redemption of digital music products and such other services as savvytunes may agree to provide to You from time to time ("Services") on the terms of this Agreement.
1.2 Savvytunes will provide the Services using our facilities and services and/or those of other Suppliers.
1.3 To the extent permitted by law, savvytunes may change a Supplier used in the supply of the Services, its products or its charges from time to time without notice to You. Savvytunes may also vary this Agreement by giving You reasonable notice. This Agreement, as amended from time to time, will be available on the Website.

2.1 This Agreement starts when You purchase a music voucher for the redemption of digital music . This Agreement terminates when the music voucher has been redeemed.
2.2 Charges for music vouchers are clearly displayed on the savvytunes website.
2.3 Unless expressly stated otherwise, the charges payable for the Services under this Agreement are inclusive of GST. Where the charges are expressed to be exclusive of GST, You must pay to savvytunes in addition to the charges for the Services, an amount equal to any GST payable on the supply of the Services. That additional amount is payable at the same time as any part of the charges for the Services is payable.

3.1 Savvytunes may collect Personal Information about You.
3.2 You acknowledge and agree that:
a) savvytunes may collect Your Personal Information from You.
b) savvytunes may use Your Personal Information:
(i) to provide the Services to You (including the investigation or resolution of disputes relating to any Services provided to You);
(ii) to provide information to You about other goods or services which savvytunes or any of our Related Bodies Corporate or any of our partners and associates (such as telecommunication entities, providers of products or services which are related to the Services, distributors, outlets, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom savvytunes has engaged in a joint initiative) may offer to You; and
(iii) as otherwise authorised or required by law.
3.3 savvytunes may disclose Your Personal Information to:
a) other Suppliers for the purpose of enabling us to provide the Services to You (including the investigation and resolution of disputes or complaints concerning the provision of the Services);
b) Related Bodies Corporate, our partners and associates (such as telecommunication entities, providers of products or services which are related to the Services, distributors, outlets, media entities, event organisers, equipment suppliers and the suppliers of any other product or service with whom savvytunes has engaged in a joint initiative) so that they can provide information to You about goods and services they offer;
c) Regulators, government agencies or individuals appointed by a government responsible for the investigation and resolution of disputes or complaints concerning Your use of the Services for the purpose of enabling investigation and resolution of those disputes or complaints;
d) other entities with whom savvytunes have established or will establish an affinity program to enable You to participate in the affinity program;
e) other entities who provide services to Us related to the provision of the Services to You (including SMS, a mail house, resellers (or contractors engaged by resellers)) to enable them to provide those services to Us or administer payment arrangements in connection with those services; and
f) as otherwise authorised or required by law.
3.4 If required by law, savvytunes will provide You with access to Your Personal Information upon request.

4.1 In using the Services, you must comply with all laws, all directions of a Regulator and reasonable directions of savvytunes.
4.2 You must not use, or attempt to use, the Services:
a) to break any law or to infringe another person's rights;
b) to expose savvytunes to liability;
c) in any way which damages, interferes with or Interrupts the Services, equipment, or facilities, or cabling controlled by a Supplier to supply the Services;
d) in any way which may damage any property or injure or kill any person; and
e) to transmit, publish or communicate material which is defamatory, offensive, abusive, indecent, menacing or unwanted, or in breach of copyright or any obligations of confidentiality or otherwise in breach of any law.
4.3 You will indemnify savvytunes and our Related Bodies Corporate for any loss or expense we suffer as a result of You doing any act in breach of clause 4.1 or 4.2.
4.4 savvytunes may ask you to stop doing something which savvytunes reasonably believes is contrary to clause 4.2. You must immediately comply with any such request. If you do not, then savvytunes may take any steps reasonably necessary to ensure compliance with clause 4.2 or the request, including suspending or disconnecting Your Service.
4.5 You acknowledge that savvytunes gives no warranty in relation to the performance or characteristics of any software supplied to use the Services.
4.6 You are wholly responsible for the security and use of Your music voucher and indemnify savvytunes against all claims which may arise through Your use of the Services.

5.1 The performance of some Services may be affected by Your levels of use, the levels of use of other users and of facilities related to the provision of the Services. Consequently, savvytunes does not warrant that the Services will be free of blockages, delays, network congestion, interference or faults of this kind and savvytunes will not be responsible for any loss or damage which may arise as a result. You acknowledge that You are responsible for inquiring whether mobile coverage is available in areas in which You will ordinarily require the Services.
5.2 You may have certain rights and remedies under the Trade Practices Act 1974 (Cth) and other laws, which may imply certain conditions and warranties into this Agreement. savvytunes does not exclude or restrict or modify those rights, remedies or implied conditions and warranties where it is unlawful to do so. All other terms, conditions, warranties, undertakings, inducements and representations, whether express or implied relating to the supply of the Services are excluded. Where savvytunes is liable for any loss or damage in connection with or arising from the breach of any term, condition, warranty or remedy implied by the Trade Practices Act 1974 (Cth) savvytunes?s liability is limited to resupplying or replacing the relevant Service where the Service is not of a kind ordinarily required for personal, domestic or household use or consumption.
5.3 Subject to clause 10.2 savvytunes is not liable to You or any third party for any direct or consequential loss or damage however suffered or incurred (whether in tort, negligence or otherwise) in relation to the Services. However, savvytunes does not exclude liability for death or personal injury caused by negligence.
5.4 savvytunes has no liability to You or to any other person for:
a) acts or defaults of other Suppliers;
b) faults or defects in Services which are caused to any material extent by Your own conduct or misuse;
c) faults or defects that arise in services not provided under this Agreement (even if they are connected, with our consent, to Services which savvytunes have arranged under this Agreement) which are due to incompatibility with the Services;

6.1 savvytunes or the Supplier retains all Intellectual Property Rights in any information relating to the Services, the design and other technical information relating to the provision of the Services.
6.2 You will keep Confidential Information confidential, and will not allow any written or electronically recorded material to be copied.
6.3 On the termination of this Agreement for any reason, You will return all Confidential Information to us. If You have destroyed the Confidential Information, or any part thereof, then You will give savvytunes a written declaration to that effect.

7.1 savvytunes is not liable for:
a) any delay in providing any Service;
b) any delay in correcting any fault in any Service;
c) failure or incorrect operation of any Service; or
d) any other delay or default in performance under this Agreement, if it is caused by any event or circumstance reasonably beyond Our control, including but not limited to war, accident, civil commotion, riot, military action, sabotage, act of terrorism, vandalism, embargo, judicial action, labour dispute, an act of a government or a government authority, acts of God, earthquake, fire, flood, plague or other natural calamity, computer viruses, hacker attacks or failure of the internet or delay, or failure or default by any other Supplier.

8.1 You will not assign, charge or otherwise deal with Your rights under this Agreement except with savvytunes's prior written consent.
8.2 Savvytunes may assign all savvytunes's rights and obligations under this Agreement without notice.

9.1 Information -- savvytunes may give to and receive from other Suppliers information about Your Account.
9.2 Governing law --; this Agreement is governed by the laws of New South Wales and You irrevocably agree to the non exclusive jurisdiction of the Courts of New South Wales.
9.3 Entire Agreement -- this Agreement contains the whole understanding between You and savvytunes to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services.
9.4 No reliance -- You acknowledge that You enter into this Agreement entirely as a result of Your own enquiries and that You do not rely on any statement, representation or promise by savvytunes or on savvytunes’s behalf not expressly set out in this Agreement.
9.5 Release -- You release savvytunes and its officers, agents and advisers from all claims, suits and demands of every kind (including negligence) arising from the relationship of the parties concerning this Agreement before it was signed, and from the negotiations leading to it.
9.6 Waiver -- the failure by either party to exercise any right or remedy under this Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party?s waiver of such right or remedy.
9.7 Notice -- A notice issued under this agreement must be in writing and will be taken to be received:
a) if left at the address of the addressee at the time it was left;
b) if sent by ordinary post, on the third day after posting;
c) if sent by email, at the time of successful transmission; and
d) if sent by SMS, at the time of successful transmission.
9.8 Survival -- termination of this Agreement shall not affect the continued operation of provisions in this Agreement which by their nature survive termination or expiration of this Agreement including but not limited to clause 2, 4.2(b), 6.2, 6.3, 6.4, 7.3, 10, 11.

10.1 Any questions or complaints in relation to the Services should be addressed to Customer Care at:
Email: help@savvytunes.com.au
Post: PO BOX 1710
LANE COVE, NSW, 1595
Fax: (02) 94373963
10.2 Should you feel a complaint is not satisfactorily resolved you may be entitled to raise certain matters with the Australian Communications Authority, the Australian Consumer and Competition Commission, or  Telecommunications Industry Ombudsman. Department of Fair Trading in your state

Savvytunes will supply the Services at the published rates described in Savvytunes website at the time of purchase.

12.1 The Services include the sale of music vouchers for the redemption of digital music products.
12.2 savvytunes may vary the Services if reasonably required for technical, operational or commercial reasons. If doing so has a significant detrimental effect on Your individual Service then You may cancel that individual Service by giving notice to savvytunes.
12.3 You acknowledge that the services may not be available from time to time as a result of a number of factors, including capacity constraints, electromagnetic interference, adverse weather conditions, equipment failure, your location (particularly if indoors or underground), or during maintenance activities.

13.1 To obtain the Service, You will need to purchase a music voucher by placing an Order on the Website.
13.2 Customer Care is available via;
a) e-mail at help@savvytunes.com.au
13.3 Refund/Return Policy - savvytunes operates a "no refund" policy. savvytunes will only refund customers if the customers can show that they have been charged an incorrect amount.

14.1 As soon as You become aware of any fault in the Services, You must report that fault to savvytunes by e-mailing help@savvytunes.com.au Before reporting a fault to savvytunes, You must take all reasonable steps to ensure that the fault was not a fault in your equipment.

15.1 These acknowledgements and obligations are in addition to and not in substitution of any acknowledgements and obligations elsewhere in this Agreement.
15.2 In using the Services, You must:
a) comply with any rules imposed by any third party whose content or services You access using the Services or whose network Your data traverses; and
b) not infringe any person’s Intellectual Property Rights (such as by using, copying or distributing data or software without the permission of the owner).
15.3 You acknowledge that:
a) the Service relies, for its operation, on services supplied by third party Suppliers, who are not controlled or authorised by savvytunes; and
b) savvytunes does not exercise any control over, authorise or make any warranty regarding:
(i) Your right or ability to use, access or transmit any content (whether error-free, in time, or at all) using the Services;
(ii) the accuracy or completeness of any content which You may use, access or transmit using the Services;
(iii) the consequences of You using, accessing or transmitting any content using the Services, including without limitation any virus or other harmful software; and
(iv) any charges which a third party may impose on You in connection with Your use of the Services.

16.1 In this Agreement, unless the context otherwise requires:
a) headings are for convenience only and do not affect interpretation
b) the singular includes the plural and visa versa
c) all references to dollars, value and price are to the Australian currency;
d) references to a party includes its successors and permitted assigns;
e) references to payment to any party includes payments to another person on the direction of that party; and
f) a reference to any statute includes any amendments, re-enactments or replacements to that statute from time to time.