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Terms and Conditions for SongTap Ltd

Effective Date: 23/01/2025

By accessing or using SongTap, you agree to comply with these Terms and Conditions. Please read them carefully.

1. Overview

SongTap Ltd provides a platform for event attendees to request songs from a curated list provided by the performing musician(s) at live events. The app facilitates communication but does not guarantee song performances.

You are provided with access to this app and any information, data, text, software, illustrations, photos, audio, video or any other materials or combination of materials available on or through this app (Content) for your personal use only.

2. User Responsibilities

  1. Account Use: sers are responsible for providing accurate, complete and up to date information when signing up and ensuring the security of their account credentials.
  2. Respectful Behaviour: Users must interact respectfully with musicians and others through the app. Any form of abuse, harassment, or inappropriate behaviour will result in account suspension or termination.
  3. Request Limits: Users may be limited in the number of song requests they can make per event, as determined by the musician or event organizer.

3. Musician and Event Organizer Responsibilities

  1. Song List Accuracy: Musicians must ensure their song list is accurate, up-to-date, and appropriate for the event.
  2. Licensing and Rights: Musicians are solely responsible for ensuring they have the necessary rights, permissions, or licenses to perform all songs listed on the app for requests. SongTap Ltd is not responsible for verifying these rights or resolving any disputes regarding licensing or copyright.
  3. Request Fulfilment: While musicians are encouraged to honour requests, they are not obligated to perform every requested song.
  4. Event-Specific Guidelines: Musicians and organisers may set additional rules or guidelines for song requests (e.g., pricing, availability, or timing).

4. Payments and Fees

  1. Payments: Users may be charged a fee for song requests. Payment processing is managed through Stripe and is subject to Stripe's own privacy policy and terms and conditions, as outlined below (4.2). You consent to disclosure of relevant information about you to Stripe on a confidential basis for the purposes of processing your payments. To the extent permitted by law, we exclude all liability in relation to those payments and the services provided Stripe.

  2. Payment Processing: Payment processing services for partners on SongTap Ltd are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a partner on SongTap, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of SongTap enabling payment processing services through Stripe, you agree to provide SongTap accurate and complete information about you and your business, and you authorise SongTap to share it and transaction information related to your use of the payment processing services provided by Stripe.

  3. Refund Policy: Fees for song requests are generally non-refundable, even if the musician cannot fulfil the request. Exceptions may be made at the sole discretion of SongTap Ltd.

5. Prohibited Activities

Users are prohibited from:

  • Using the app to solicit illegal activities or infringe on intellectual property rights.
  • Attempting to bypass security measures or disrupt the app’s functionality.
  • Impersonating musicians, event organisers, or other users.

Unauthorised use of the SongTap App is prohibited and may result in your access to and use of the App being suspended or terminated.

6. Intellectual Property

All intellectual property in this app and all associated Content, including any features, text, videos, images, graphics, layout designs, trade marks and branding is owned by SongTap Ltd or by third-party suppliers. Users and musicians retain ownership of any original content they upload (e.g., song lists). Nothing on the App should be construed as granting a licence to use any intellectual property in this app or the Content without our permission.

7. Liability and Disclaimers

  1. No Guarantee of Performance: SongTap Ltd is a facilitation tool and does not guarantee that requested songs will be performed.
  2. Licensing and Legal Compliance: SongTap Ltd is not liable for any legal issues arising from musicians' failure to obtain appropriate permissions or licenses for the music they perform.
  3. Service Availability: We strive to provide uninterrupted access to the app but are not liable for downtime, technical issues, or errors. We reserve the right to modify, suspend or withdraw the app at any time without notice to you.
  4. Use of App: Use of this app and Content is at your own risk. You are solely responsible for the action you take in reliance on the Content on or accessed through this App.
  5. Third-Party Suppliers: SongTap Ltd is not responsible for any issues arising from third-party payment processors or services.
  6. All liability Excluded: To the extent permitted by law all warranties, representations and guarantees (whether express, implied or statutory) are excluded, including without limitation suitability, fitness for purposes, accuracy or completeness of the app or any Content and we will not be liable for any damages, loss or expense, or indirect losses or consequential losses of any kind, suffered or incurred by you in connection with your access to or use of the app or any Content.

8. Privacy Policy

Your use of SongTap Ltd is also governed by our Privacy Policy and forms part of these Terms. Please review it for details on how we handle your data.

9. Termination

We reserve the right to terminate or suspend your access to SongTap Ltd without prior notice for any breach of these Terms or for any other reason in our sole discretion.

10. Modifications to Terms

We may update these Terms and Conditions periodically and you should check and read these Terms regularly. If we do amend these Terms, we will post the revised version on the App with an updated revision notice. If we make significant changes to these Terms, we will provide reasonable notice prior to any changes taking effect and will notify users via the app or email.

By continuing to use the App after such amendment, you are deemed to have agreed to the amended Terms.

11. Governing Law

These Terms are governed by the laws of New Zealand. Any disputes will be resolved in accordance with these laws and will be dealt with by the New Zealand courts and we and you submit to the non-exclusive jurisdiction of such courts.

12. Contact Us

For questions or concerns about these Terms and Conditions, please contact us at contact@songtap.app.

By using SongTap Ltd, you acknowledge that you have read, understood, and agreed to these Terms. Enjoy your event experience with SongTap! 🎵