Terms & Conditions

Effective Date: 14 September 2026
Last Updated: 14 September 2026

By accessing, browsing or using this website, submitting information through our forms, entering a competition, subscribing to our communications, purchasing merchandise or otherwise interacting with the website, you acknowledge that you have read, understood and agree to these Terms & Conditions, subject always to any rights and protections that cannot lawfully be excluded.

If you do not agree with these Terms & Conditions, please do not use the website.

1. About Xolanza Music

Xolanza Music is an independent South African music label and creative music company based in Durban, KwaZulu-Natal, South Africa.

Xolanza Music operates in areas including music production, artist development, music publishing, music promotion, digital media, merchandise, creative projects and related entertainment activities.

For purposes of these Terms & Conditions, “Xolanza Music”, “we”, “us” and “our” refer to Xolanza Music and, where applicable, the business entity operating or trading through this website.

Website: www.xolanzamusic.co.za
Location: Durban, KwaZulu-Natal, South Africa

Nothing in these Terms & Conditions is intended to limit any mandatory legal right available to a consumer or website user.

2. Acceptance of These Terms

By using the website, you agree to comply with these Terms & Conditions together with any additional terms that may apply to a specific service.

These may include:

• our Privacy Policy;
• our Cookie Policy;
• official competition rules;
• merchandise and store terms;
• promotional terms;
• licensing terms; and
• other terms expressly presented to you.

Where mandatory legislation provides a greater right or protection, that legislation will prevail to the extent of any inconsistency.

3. Website Use

You agree to use this website lawfully, responsibly and in a manner that does not interfere with the rights of Xolanza Music or other users.

You must not:

• use the website for unlawful, fraudulent or malicious purposes;
• attempt to gain unauthorised access to our systems;
• introduce viruses, malware or malicious code;
• interfere with website security or functionality;
• scrape, copy or systematically extract website content without permission;
• impersonate Xolanza Music, an artist, employee, representative or another person;
• submit false, fraudulent or misleading information;
• abuse website forms, competitions or promotional mechanisms;
• infringe the rights of another person; or
• use the website in breach of applicable law.

4. Intellectual Property

Unless otherwise stated, the content appearing on this website is owned by, licensed to or otherwise lawfully used by Xolanza Music.

This includes, without limitation:

• Xolanza Music names and logos;
• XM branding;
• photographs;
• videos;
• graphics;
• website designs;
• text;
• music recordings;
• artwork;
• promotional materials;
• trademarks and trade names; and
• other original creative works.

Copyright, trademark and other intellectual property rights remain with their respective owners.

You may view website content for lawful personal and informational purposes. You may not reproduce, redistribute, commercially exploit, modify, publish, sell, licence or otherwise use protected material without the appropriate permission or licence.

5. Music & Media Content

Music, recordings, compositions, lyrics, artwork, photographs, videos and other creative works displayed on the website may be protected by copyright and related rights.

Access to or availability of music on the website does not transfer ownership of any:

• master recording;
• musical composition;
• lyrics;
• publishing rights;
• performer rights;
• neighbouring rights;
• synchronisation rights; or
• other intellectual-property rights.

Where music is made available through third party platforms, your use may also be governed by the relevant platform’s terms and license. conditions.

6. User Submissions

The website may allow users to submit information through contact forms, competition forms, newsletter forms, applications, comments, reviews or other communication channels.

You are responsible for ensuring that information submitted by you is accurate and lawful.

You must not submit content that:

• infringes another person’s intellectual-property rights;
• contains malicious code;
• is unlawful or defamatory;
• is fraudulent or materially misleading;
• unlawfully discloses another person’s personal information; or
• violates applicable law.

Submission of information does not automatically transfer ownership of your intellectual property to Xolanza Music.

7. Privacy & Personal Information

Xolanza Music may collect and process personal information when you interact with the website.

This may include:

• name;
• email address;
• telephone or WhatsApp number;
• social-media handle;
• competition entries;
• communications with us;
• transaction information;
• technical information;
• website usage information; and
• other information voluntarily provided by you.

Personal information is processed in accordance with our Privacy Policy and applicable data-protection legislation.

For South African users, this includes the Protection of Personal Information Act 4 of 2013 (POPIA).

Where required by law, we will obtain appropriate consent before processing personal information for direct marketing purposes.

You may withdraw consent to marketing communications at any time, subject to applicable legal and contractual limitations.

8. International Privacy

Xolanza Music is based in South Africa, but the website may be accessible internationally.

Where a particular data-protection law applies to a user or processing activity, we will seek to comply with the applicable requirements. This may include international frameworks such as the European Union General Data Protection Regulation (“GDPR”) where legally applicable.

The applicability of foreign data-protection legislation depends on the circumstances prescribed by the relevant legislation.

9. Newsletter & Marketing

If you subscribe to the Xolanza Music newsletter or otherwise provide marketing consent, we may send communications concerning:

• new music;
• releases;
• artists;
• events;
• merchandise;
• competitions;
• promotions;
• Xolanza Music projects; and
• other permitted marketing communications.

You may unsubscribe at any time using the unsubscribe mechanism provided in the communication or by contacting us.

10. Cookies & Website Technologies

The website may use cookies and similar technologies for purposes including website functionality, security, analytics, performance, preferences and permitted marketing activities.

Where legally required, appropriate consent mechanisms will be used.

Third-party services integrated into the website may also use cookies or similar technologies subject to their own policies.

Please refer to our Cookie Policy for additional information.

11. Merchandise & Online Sales

Where Xolanza Music offers merchandise or other products for sale through the website, additional product specific terms may apply.

Product pages may provide information including product descriptions, prices, currency, availability, delivery information, payment information and applicable return or refund conditions.

Nothing in these Terms & Conditions removes any consumer right that cannot lawfully be excluded under South African law.

12. Pricing & Product Availability

We make reasonable efforts to ensure that product descriptions, prices and availability are accurate.

If a material error is discovered before fulfilment, we may contact the affected customer and provide an appropriate resolution consistent with applicable law.

Xolanza Music will not intentionally engage in misleading pricing, advertising or availability practices.

13. Consumer Rights

Nothing in these Terms & Conditions excludes or limits a consumer right that cannot lawfully be excluded or limited.

South African consumer legislation, including the Consumer Protection Act 68 of 2008 (CPA), may provide consumers with rights relating to fair marketing, information, privacy, fair dealing, quality, safety, cancellation, returns, refunds and fair contractual terms.

Where mandatory legislation provides greater protection than these Terms, the applicable legislation will prevail.

14. Promotional Competitions & Giveaways

Xolanza Music may conduct promotional competitions, giveaways and fan campaigns from time to time.

Each competition may have separate official rules which must be read together with these Terms & Conditions.

Where a competition constitutes a promotional competition under South African law, Xolanza Music will administer the competition in accordance with applicable legislation and regulations.

Competition advertising and official rules will provide the material information required for participation, including applicable entry requirements, closing date, prize information, winner-selection process and announcement arrangements.

15. Matters Of The Heart Giveaway

The Matters Of The Heart Giveaway is a promotional campaign conducted by Xolanza Music.

The official competition rules form part of the terms governing the giveaway.

15.1 Entry Information

The competition entry form may request:

• full name;
• email address;
• WhatsApp or telephone number;
• Instagram or TikTok handle;
• favourite Matters Of The Heart track; and
• a written response regarding the selected track.

15.2 Eligibility

Participants must satisfy the eligibility requirements stated in the official competition rules.

False, duplicate, fraudulent or automated entries may be rejected or disqualified where permitted by law.

15.3 No Undisclosed Purchase Requirement

Participants will not be required to make an undisclosed purchase or incur an undisclosed cost merely to participate where such a requirement would contravene applicable law.

15.4 Winner Selection

Winners will be selected according to the method stated in the official competition rules.

Xolanza Music may reasonably verify a winner’s identity and eligibility before awarding a prize.

15.5 Prize

The prize will be the merchandise or other benefit expressly identified in the applicable competition advertising and official rules.

15.6 Prize Delivery

Prize delivery or collection arrangements will be communicated to successful participants.

A winner will not be required to pay an undisclosed fee merely to receive a prize.

16. Social Media Competitions

Unless expressly stated otherwise, Xolanza Music competitions are not sponsored, endorsed, administered by or affiliated with Instagram, Facebook, TikTok, X, YouTube or any other social media platform.

Participants must also comply with the applicable platform’s terms, policies and community standards.

17. Third Party Links & Services

The website may contain links to or integrations with third party services, including:

• music-streaming platforms;
• social-media platforms;
• payment providers;
• email services;
• form-processing services;
• analytics services;
• merchandise suppliers; and
• other external services.

Third-party services operate independently and may have their own terms, privacy policies and security practices.

Xolanza Music is not responsible for third party content or services to the extent permitted by applicable law.

18. Electronic Communications

By interacting with the website electronically, you acknowledge that communications may occur electronically.

These may include emails, electronic forms, competition communications, order communications, newsletter communications and other electronic messages.

Electronic communications will not override any mandatory legal requirements concerning notices, contracts, consent or consumer rights.

19. Website Security

We take reasonable measures to protect the website and information submitted through it.

However, no internet transmission or electronic storage system can be guaranteed to be completely secure.

Users should not submit sensitive information through website forms unless the form specifically requests such information and the submission is appropriate for the stated purpose.

20. Website Availability

We aim to keep the website available and functional but do not guarantee uninterrupted availability.

The website may occasionally be unavailable due to maintenance, upgrades, technical failures, security incidents, hosting problems, telecommunications failures, third party interruptions or circumstances beyond our reasonable control.

21. Disclaimer

To the maximum extent permitted by applicable law, website information and functionality are provided on an “as available” basis.

We do not guarantee that the website will always be uninterrupted, error free, completely current or free from every possible security threat.

This clause does not exclude or limit statutory consumer rights or liability that cannot lawfully be excluded.

22. Limitation of Liability

To the maximum extent permitted by applicable law, Xolanza Music will not be liable for losses arising solely from temporary website unavailability, third party service failures, internet interruptions, telecommunications failures or user misuse of the website.

Nothing in these Terms excludes liability that cannot legally be excluded, including liability arising from fraud, wilful misconduct or statutory rights protected by mandatory law.

23. Indemnity

To the extent permitted by law, you agree to be responsible for losses reasonably arising from your unlawful or unauthorised use of the website or your violation of these Terms.

Nothing in this clause requires you to indemnify Xolanza Music for losses caused by Xolanza Music’s own unlawful conduct where such limitation is prohibited by law.

24. Children & Minors

The website is not intentionally designed to collect unnecessary personal information from children.

Where a competition, transaction or service has an age restriction, the applicable requirement will be stated in the relevant rules.

Where the law requires parental or guardian consent for a minor’s participation, transaction or processing of personal information, the required consent must be obtained.

25. PAIA & Access to Information

Xolanza Music recognizes applicable rights of access to information under the Promotion of Access to Information Act 2 of 2000 (PAIA).

Requests for records and information will be handled in accordance with applicable PAIA procedures and Xolanza Music’s PAIA Manual, where applicable.

Where required, the applicable PAIA documentation will be made available through the website.

26. Copyright Complaints

If you believe that content appearing on the website infringes your copyright or another intellectual-property right, please contact us with sufficient information to identify the work, the allegedly infringing material and your rights in the material.

We will review legitimate complaints and take appropriate action where required.

27. Social Media

Xolanza Music may operate official profiles on social-media platforms.

Social-media interactions are also governed by the applicable platform’s terms and policies.

Users remain responsible for content they publish through third party platforms.

28. Governing Law

These Terms & Conditions are governed by the laws of the Republic of South Africa.

Subject to mandatory consumer rights and applicable jurisdictional rules, disputes relating to the website or these Terms may be determined by a South African court having appropriate jurisdiction.

Nothing in this clause prevents a consumer from exercising a statutory right or remedy available under applicable law.

29. Complaints & Dispute Resolution

We encourage users and customers to contact us first so that we can attempt to resolve complaints efficiently.

Where applicable, please provide:

• your name;
• contact details;
• order or competition reference;
• details of the complaint; and
• the outcome you are seeking.

Where a dispute cannot be resolved directly, the parties may use an appropriate dispute resolution mechanism or statutory consumer protection process available under South African law.

Nothing in these Terms prevents a consumer from approaching a competent regulator, ombud, tribunal or court where permitted by law.

30. Changes to These Terms

Xolanza Music may update these Terms & Conditions from time to time to reflect changes to our website, services, products, technology, security requirements or applicable law.

The updated version will be published on this page together with a revised “Last Updated” date.

Changes will not retrospectively remove rights that have already accrued under applicable law.

Where applicable law requires specific notice or consent, we will provide the required notice or obtain the required consent.

31. Severability

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be interpreted or modified to the minimum extent necessary where legally permissible.

The remaining provisions will continue to apply.

32. No Waiver

A failure by Xolanza Music to enforce a provision of these Terms does not constitute a waiver of our right to enforce that provision later.

33. Entire Agreement

These Terms, together with any applicable Privacy Policy, Cookie Policy, Competition Rules, Store Terms and other terms expressly incorporated by reference, constitute the applicable agreement governing your use of the relevant Xolanza Music website service, subject to mandatory law.

34. Related Policies

35. Contact Xolanza Music

If you have any questions, concerns or complaints regarding these Terms & Conditions, please contact us.