Premium Code Terms and Conditions

Effective as from 20 March 2012

This document ("Premium Code Agreement")is a legally binding agreement between you and Spotify Australia PTY. Ltd., registered in Australia with ACN 154 200 941 ("Spotify") that governs your purchase of a premium access code "Premium Code" for access to the advertisement free version of the Spotify online streaming music service with offline mode and other additional features "Premium Service", or a version of the Premium Service that provides access to the Premium Service via a supported mobile handset ("Mobile Premium Service"). By purchasing a Premium Code you agree to the terms and conditions of this Premium Code Agreement.

1. Rights of Premium Code holders

The Premium Code entitles the holder access to the Premium Service in accordance with the terms stated in this Premium Code Agreement and the Spotify Terms and Conditions of Use. In order to use a Premium Code you must agree to the Spotify Terms and Conditions of Use and the Spotify Privacy Policy. If you do not agree to both then you will not be able to use the Premium Code.

2. Changes to the Premium Code Agreement

Spotify may make changes to this Premium Code Agreement at its sole discretion. Any material changes will be communicated to you. Your use of the Premium Code after such notification of changes to this Agreement will constitute your acceptance of such changes.

3. Use of Premium Codes

In order to use your Premium Code, please go to the Spotify Premium Code redemption page and follow the instructions.

Premium Codes are not redeemable for cash and may not be returned for a cash refund, exchanged, resold or used to purchase other Premium Codes.

4. Validity and expiry of Premium Codes

A Premium Code is valid for one year from the date of purchase. This means that you will not be able to use your Premium Code after the expiry date. Each Premium Code will give you access to the Premium Service and the Mobile Premium Service for the length of time specified on your email or paper receipt.

5. Purchase of Premium Codes

If you are ordering on the internet, by ticking the "I agree" box you agree to pay the fee for purchase of the Premium Code. Such fee will be charged to in accordance with the payment method you have designated for your purchase. By designating a credit or debit card to be billed, you confirm that you are authorised to make such purchase and that you are the holder of such card (i.e. that the card is issued in your name). All prices stated on the Spotify website are inclusive of VAT (where applicable) and other applicable taxes and fees.

If you have purchased a Premium Code online, the Premium Code you have purchased will be delivered to the email address you have entered on Spotify's website at the time of purchase. Premium Codes may only be used in countries where Spotify Premium is available.

6. Cooling-off period

If you have purchased your Premium Code online, you have the right to cancel your purchase for a period of 14 days after you have received your email confirmation. To cancel your purchase of a Premium Code, please email premium@spotify.com with the full code number and Spotify will refund you. Please note once you use the code to access the Premium Service or the Mobile Premium Service you will no longer be entitled to a refund, even if you cease to use the Premium Service or Mobile Premium Service. In addition, after the 14-day period has elapsed you no longer have the right to cancel your purchase and receive a refund even if you do not subsequently log into the Premium Service or Mobile Premium Service.

7. Customer support

If you have any questions concerning a Premium Code or this Premium Codes Agreement, please contact Spotify customer service by visiting the help section.

8. Term and termination

This Premium Codes Agreement will become effective in relation to you when you have ticked the "I agree" box when purchasing a Premium Code and will remain effective until terminated by you or Spotify.

9. Privacy

You agree that Spotify has a right to collect and process the personal information we collect from you in accordance with the Spotify Privacy Policy.

10. Assignment by Spotify

Spotify may assign all or any part of this Premium Codes Agreement or any part thereof without restrictions. You may not assign this Agreement to a third party without the prior written consent of Spotify.

11. Limitation of liability

In no event shall Spotify, its affiliates, officers, directors and employees be liable for any direct, indirect, incidental, special or consequential damages (including but not limited to any loss of data, service interruption, computer failure or pecuniary loss) arising out of the use of or inability to use the Premium Code, even if you have advised Spotify about the possibility of such loss, and including any damages resulting therefrom.

If your Premium Code does not work, then your only remedy is to contact premium@spotify.com to receive a replacement code or refund.

Nothing in this Premium Code Agreement removes or limits Spotify's liability for fraudulent misrepresentation, death or personal injury caused by its negligence.

12. Indemnity

You agree to indemnify and hold Spotify and its officers, directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) made by a third party due to or arising out of or related to your violation of the terms and conditions of this Agreement or your violation of any laws, regulations or third party rights.

13. Entire agreement

This Premium Code Agreement together with the Spotify Privacy Policy constitutes all the terms and conditions agreed upon between you and Spotify and supersedes any prior agreements, whether written or oral. Any additional or different terms or conditions in any written or oral communication from you to Spotify are void. You agree and accept that you have not accepted the terms and conditions of this Premium Codes Agreement in reliance of or to any oral or written representations made by Spotify not contained in this Premium Codes Agreement

14. Governing law and disputes

This Agreement is governed by the laws of New South Wales, Australia and you irrevocably consent to the courts of the State of New South Wales, Australia having non-exclusive jurisdiction over any disputes arising under or in connection with this Agreement.

Copyright © 2012 Spotify AB. All rights reserved.

Spotify Australia PTY. Ltd., Level 1 / 120 Chalmers Street, Surry Hills, NSW 2010, Australia