Whanau Family Famiglia

Privacy Policy & Website Terms & Conditions

Who we are

https://whanaufamilyfamiglia.com.

A local Australian Business Operating under ABN 70569887525

Privacy Policy – Key Clauses

Whanau, Family, Famiglia complies with:

  • Australian Privacy Principles (APPs)
  • International data protection standards (where applicable)

Data Collected:

  • Name, email, billing details
  • Purchase history
  • Download access logs

Data Use:

  • Order fulfilment
  • Customer support
  • Legal compliance

Data Protection:

  • Secure storage
  • No sale of personal data
  • Limited access only

Consumer Law Compliance

  • Digital goods supplied instantly
  • No refunds after download (clearly disclosed pre-purchase)
  • Statutory rights preserved where legally required

Comments

When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.

Who we share your data with

If you request a password reset, your IP address will be included in the reset email.

How long we retain your data

If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where your data is sent

Visitor comments may be checked through an automated spam detection service.

WEBSITE TERMS & CONDITIONS


Effective Date: 15 February 2026

1. Acceptance of Terms

1.1 These Terms & Conditions (“Terms”) govern access to and use of the WFF website and related services (“Platform”).

1.2 By accessing or using the Platform, you agree to be legally bound by these Terms.

1.3 If you do not agree, you must not use the Platform.

2. Definitions

Creator means a registered content creator who sells or distributes content via the Platform.
Subscriber means a user who purchases a subscription product.
Content includes music, digital media, merchandise, images, video, text, and other material available on the Platform.
User means any person accessing the Platform.

3. Eligibility

3.1 You must be at least 18 years old to create an account or make purchases.

3.2 By using the Platform, you warrant that you have legal capacity to enter into binding contracts.

4. Account Registration

4.1 You are responsible for maintaining the confidentiality of your login credentials.

4.2 You must provide accurate and complete information.

4.3 WFF may suspend or terminate accounts for inaccurate information, fraud, or breach of these Terms.

5. Subscriptions

5.1 Subscription products are governed by separate Subscription Terms in addition to these Terms.

5.2 Subscription fees are payable in advance.

5.3 Unless expressly stated, subscriptions do not automatically renew.

5.4 Subscription benefits are personal and non-transferable.

6. Purchases and Payments

6.1 All prices are displayed in Australian Dollars (AUD) and include GST where applicable.

6.2 Payment is processed via third-party payment providers.

6.3 WFF is not responsible for payment processing delays or errors caused by third-party providers.

6.4 Title in physical merchandise passes upon delivery. Risk passes upon dispatch unless otherwise required under the Australian Consumer Law.

7. Digital Content Licence

7.1 Digital content is licensed, not sold.

7.2 Upon purchase, you are granted a non-exclusive, non-transferable, revocable licence to use the digital music, subject to these Terms.

Permitted Use

You may:

  • Use the music in personal or commercial videos
  • Use the music on websites
  • Use the music on social media platforms
  • Use the music for branding, promotional, or creative content

Prohibited Use

You may not:

Claim authorship or ownership of the music

Resell the music in any format

Redistribute, share, or provide the music files to third parties

Upload the music to stock libraries, streaming services, or music distribution platforms

License, sublicense, or transfer the music to others

7.3 Users may only acquire copyright ownership or commercial reproduction rights through a separately executed written agreement signed by WFF. Purchase of a digital download alone does not transfer copyright or ownership rights.

8. Creator Terms (Platform Role)

8.1 WFF acts as a marketplace platform enabling Creators to sell content.

8.2 WFF does not claim ownership of Creator intellectual property.

8.3 Creators are responsible for ensuring they have all necessary rights to upload and sell their content.

8.4 WFF may remove content that infringes intellectual property rights or breaches these Terms.

9. Intellectual Property

9.1 All Platform branding, logos, software, and materials are owned by or licensed to WFF.

9.2 Nothing in these Terms transfers intellectual property rights to Users.

10. User Conduct

Users must not:

  • Post unlawful, defamatory, or infringing material
  • Engage in harassment or abusive conduct
  • Attempt to hack, disrupt, or interfere with the Platform
  • Upload malicious software
  • Impersonate another person

WFF may remove content or terminate access for breaches.

11. Chatrooms and User-Generated Content

11.1 Users are responsible for content they post.

11.2 WFF reserves the right to moderate, remove, or restrict access.

11.3 WFF is not liable for third-party user-generated content.

12. Refunds

12.1 Subscription and digital content purchases are non-refundable except as required by the Australian Consumer Law.

12.2 Nothing in these Terms excludes consumer guarantees under Australian law.

13. Consumer Guarantees

13.1 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

13.2 You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

13.3 You are entitled to have goods repaired or replaced if goods fail to be of acceptable quality and the failure does not amount to a major failure.

14. Privacy

14.1 Personal information is handled in accordance with WFF’s Privacy Policy.

14.2 WFF complies with the Privacy Act 1988.

14.3 Marketing communications comply with the Spam Act 2003.

15. Limitation of Liability

15.1 To the maximum extent permitted by law, WFF excludes liability for indirect, incidental, or consequential loss.

15.2 Where liability cannot be excluded under law, WFF’s liability is limited to:

  • Re-supply of services; or
  • Payment of the cost of re-supply.

16. Indemnity

You agree to indemnify WFF against claims, damages, losses, or expenses arising from:

  • Your breach of these Terms
  • Your misuse of the Platform
  • Your infringement of third-party rights

17. Termination

17.1 WFF may suspend or terminate access for breach, suspected fraud, or unlawful activity.

17.2 Termination does not affect accrued rights.

18. Changes to Terms

18.1 WFF may amend these Terms at any time.

18.2 Updated Terms will be published on the Platform.

18.3 Continued use constitutes acceptance of amended Terms.

19. Governing Law

These Terms are governed by the laws of the State of [Insert State], Australia.

Parties submit to the exclusive jurisdiction of the courts of that State.

SONG OWNERSHIP & REPRODUCTION RIGHTS TERMS (AUSTRALIA)

1. Important Legal Clarification

1.1 A standard digital download purchase does not transfer copyright ownership.

1.2 Copyright ownership or commercial reproduction rights may only be granted through a separate written contractual agreement executed by WFF (Whanau Family Famiglia) and the purchaser.

1.3 Any transfer or licence of rights is subject to the requirements of the Copyright Act 1968, including the requirement that copyright assignments be in writing and signed by or on behalf of the copyright owner.

2. Standard Digital Purchase (No Ownership Transfer)

2.1 Unless expressly stated otherwise in a signed written agreement:

  • Digital downloads are licensed, not sold.
  • Purchasers receive a personal, non-exclusive, non-transferable licence for private, non-commercial use only.
  • No rights to reproduce, distribute, remix, adapt, synchronise, publicly perform, or commercially exploit the work are granted.

3. Purchase of Ownership Rights (Separate Agreement Required)

3.1 Where a user enters into a separate written contractual agreement with WFF expressly transferring rights, WFF may grant either:

(a) A copyright assignment (full or partial transfer of ownership); or
(b) An exclusive or non-exclusive commercial licence.

3.2 The written agreement must specify:

  • Whether copyright in the musical composition, sound recording, or both is transferred
  • Territory (e.g., worldwide)
  • Duration (perpetual or fixed term)
  • Royalty obligations (if any)
  • Attribution requirements
  • Moral rights consents
  • Whether publishing rights are included
  • Whether neighbouring rights are included

3.3 Ownership of the original master recording is not transferred unless explicitly stated.

3.4 The purchaser may produce and sell their own version (including cover, adaptation, remix, or derivative recording) only if expressly authorised in the written agreement.

4. Exclusion of Original Releases

4.1 The original release, original master recording, branding, artwork, and associated marketing assets remain the property of WFF and/or the original Creator unless expressly assigned in writing.

4.2 Purchase of ownership rights to the underlying composition does not automatically include rights to:

  • Original recorded vocals
  • Instrumental stems
  • Artwork
  • Trademarks
  • Artist branding

5. Moral Rights

5.1 The original creator retains moral rights under Australian law unless formally consented to in writing.

5.2 Any adaptation, remix, or derivative work must not falsely attribute authorship.

6. Royalty & Revenue Obligations

6.1 The written agreement may require:

  • A flat purchase fee;
  • Ongoing royalty payments; or
  • A revenue-sharing arrangement.

6.2 Unless expressly stated, WFF has no entitlement to future royalties after a full copyright assignment.

7. Warranties

7.1 WFF warrants that it has authority to grant the rights specified in the written agreement.

7.2 The purchaser warrants that:

  • Their new version will not infringe third-party rights
  • They will comply with applicable copyright, licensing, and distribution laws