Terms and Conditions

Effective Date: 10th October 2014
Company: GAAN BAKSHO GROUP PTY LTD (ACN 689 493 614, ABN 66689493614)
Trading As: Gaan Baksho Music (“we”, “us”, “our”)
Website: www.gaanbaksho.com

1. Acceptance of Terms

By accessing, browsing, or using this website, our services, or any digital content provided by Gaan Baksho Music, you agree to be bound by these Terms and Conditions, together with our Privacy Policy and any other policies published on this website.

We are an Australian-registered company and our services are provided in compliance with the laws of New South Wales, Australia and the Australian Consumer Law (ACL).

As we operate globally, users outside Australia acknowledge that local consumer protections may apply in addition to these Terms. Where there is a conflict, Australian law governs unless expressly required otherwise under applicable local law.

2. Eligibility

You must be at least 18 years old or have the consent of a legal guardian to use our services.
By engaging with our services, you warrant that all information provided is true, accurate, and up-to-date.
We reserve the right to refuse service to any person, artist, label, or organisation at our sole discretion, particularly where doing so is necessary to comply with laws, industry standards, or to prevent misuse.

3. Services Provided

Gaan Baksho Music provides a range of global music services including (but not limited to):

Digital Music Distribution: Delivering sound recordings to digital streaming platforms, download stores, broadcasters, and other third-party services worldwide.
Publishing Administration & Rights Management: Registering works with CMOs, PROs, RAEs, and other collection societies worldwide.
Royalty Collection & Disbursement: Collecting royalties from multiple territories and disbursing them to clients in AUD.
Licensing & Copyright Protection: Assisting with sync, broadcast, and licensing opportunities as well as copyright infringement claims.

Some services may be subject to separate written agreements. If there is any inconsistency, the written agreement prevails.

4. Intellectual Property

All intellectual property on this website (logos, text, graphics, content, systems, and databases) is owned or licensed by Gaan Baksho Music unless otherwise stated.
Artists and songwriters retain ownership of their works unless explicitly assigned or licensed under a separate written agreement.
By using our services, you grant us a non-exclusive, royalty-free, worldwide licence to use your name, artwork, and metadata solely for the purpose of distribution, promotion, and royalty collection.
You agree not to upload content that infringes third-party rights. You are solely responsible for securing rights, licences, and permissions for any material you provide.

5. User Obligations

When engaging with our services, you agree to:

Provide accurate information (including tax and banking details).
Ensure all submitted content complies with copyright laws in Australia and internationally.
Not engage in fraudulent activities, including artificial streaming, playlist manipulation, or false claims of ownership.
Comply with laws and regulations applicable in your jurisdiction as well as Australian law.
Indemnify Gaan Baksho Music against claims, damages, or losses resulting from your breach of these Terms.

6. Payments and Fees

Currency: All payments are made in AUD (Australian Dollars).
Methods: Payments are made via Bank SWIFT or PayPal, subject to fees and exchange rate conversions applied by banks or processors.
Deductions: Administrative or distribution fees may be deducted as outlined in your agreement with us.
Withholding: We may withhold payments if:
- Fraudulent activity is suspected;
- There are disputes over ownership;
- We are required to do so by law.
Taxes: You are responsible for paying any local taxes, VAT, GST, or withholding obligations applicable in your country of residence.

7. Global Compliance

Our services rely on partnerships with international CMOs, RAEs, PROs, DSPs, and licensing bodies. We cannot guarantee their performance, reporting timelines, or data accuracy.
Some territories may impose withholding taxes or deductions before remitting royalties. We are not responsible for such deductions.
Users outside Australia acknowledge that services are delivered from Australia and are subject to Australian Consumer Law, even if accessed internationally.

8. Consumer Rights (Australia & International)

For Australian users: Our services come with guarantees under the Australian Consumer Law (ACL) which cannot be excluded. If services are not provided with due care and skill, you may be entitled to remedies including repair, replacement, or refund.
For international users: You may also have mandatory consumer rights under your local law. Nothing in these Terms is intended to exclude rights that cannot be lawfully excluded.

9. Limitation of Liability

To the fullest extent permitted by law, Gaan Baksho Music excludes liability for loss, damage, or claims arising out of the use of our services, including loss of income, data, business opportunities, or goodwill.
We are not responsible for technical failures, delays, or losses caused by third-party platforms (Spotify, Apple Music, YouTube, PROs, CMOs, etc.).
Nothing in this clause excludes liability where it would be unlawful to do so.

10. Termination

We may suspend or terminate services if:

You breach these Terms or any signed agreement.
Fraudulent, unlawful, or abusive activity is detected.
We are required to comply with law, court orders, or collection society policies.

Upon termination, accrued royalties (minus applicable fees and deductions) will still be paid subject to compliance with these Terms.

11. Privacy and Data Protection

We handle personal data in accordance with our Privacy Policy.
Data may be stored on servers inside and outside Australia, subject to global data protection regulations (including GDPR for EU residents).
By using our services, you consent to such processing, storage, and transfer.

12. Dispute Resolution

Any dispute must first be attempted to be resolved through negotiation in good faith.
If unresolved, disputes may be referred to mediation in New South Wales, Australia.
Users outside Australia agree that disputes will still be resolved under Australian jurisdiction, unless mandatory local consumer law dictates otherwise.

13. Governing Law

These Terms are governed by the laws of New South Wales, Australia.
By using our services, you agree to submit to the exclusive jurisdiction of the courts of NSW, Australia, except where mandatory consumer protection laws in your country require otherwise.

14. Changes to Terms

We may update these Terms at any time. Updated versions will be posted on our website and are effective immediately upon publication. Continued use of our services constitutes acceptance.

15. Contact Information

Gaan Baksho Group Pty Ltd t/a Gaan Baksho Music
ACN 689 493 614 | ABN 66689493614
Email: [email protected]
Website: www.gaanbaksho.com