Terms & Conditions
Confidentiality Terms and Conditions for On audio post Pty Ltd.
These Confidentiality Terms and Conditions (the "Agreement") govern the confidentiality obligations between On audio post Pty Ltd (referred to as the "Provider") and the user (referred to as the "User") accessing or using the online sound mixing service (the "Service").
Definition of Confidential Information: For the purposes of this Agreement, "Confidential Information" refers to any non-public, proprietary, or confidential information disclosed by the Provider to the User, including but not limited to sound files, audio tracks, session settings, project details, technical specifications, trade secrets, and any other information designated as confidential.
Non-Disclosure Obligations: The User agrees to maintain the confidentiality of the Confidential Information and shall not disclose, distribute, reproduce, or transmit it to any third party without the prior written consent of the Provider. This obligation extends beyond the termination or expiration of this Agreement.
Authorized Use: The User may only use the Confidential Information for the sole purpose of utilizing the Service and performing sound mixing tasks as agreed upon with the Provider. The User shall not use the Confidential Information for any other purpose or in a manner that may harm the Provider's business or infringe upon any intellectual property rights.
Protection of Confidential Information: The User shall exercise reasonable care and take appropriate measures to protect the Confidential Information from unauthorized access, use, or disclosure. This includes implementing security measures, such as password protection, encryption, and secure file transfer protocols, to safeguard the Confidential Information.
Exceptions to Confidentiality: The obligations of confidentiality shall not apply to any information that (a) is or becomes publicly available without a breach of this Agreement, (b) is already known to the User prior to its disclosure by the Provider, (c) is rightfully obtained by the User from a third party without restrictions, or (d) is independently developed by the User without reference to the Confidential Information.
Return or Destruction of Confidential Information: Upon the Provider's request or termination of the User's access to the Service, the User shall promptly return or destroy all tangible and intangible forms of the Confidential Information, including any copies, notes, or extracts thereof, unless otherwise agreed in writing.
Limitation of Liability: The Provider shall not be liable for any loss, damage, or liability arising from any unauthorized access, use, or disclosure of the Confidential Information resulting from factors beyond its reasonable control.
Governing Law and Jurisdiction: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
Entire Agreement: This Agreement constitutes the entire understanding between the Provider and the User regarding the confidentiality of the Confidential Information and supersedes all prior discussions, agreements, or representations.
By accessing or using the Service, the User acknowledges and agrees to abide by the terms and conditions of this Agreement concerning the confidentiality of the Confidential Information.