PHYSICAL RADIO
TERMS & CONDITIONS

This website (i.e. www.physical-radio.com, its associated domains, subdomains, mobile sites and web pages), along with social media pages, mobile applications (apps) and all related content (collectively “Digital Platforms”) are provided by Barbecue Records (ABN 23 747 068 609). Your use of these Digital Platforms is subject to compliance with these terms & conditions (“Terms”) and these Terms form a binding contractual agreement between Physical Radio and you as the user of the Digital Platforms. These Terms embody the entire understanding of the parties and no representation, promise or term will be deemed to form part of the agreement between the parties except to the extent that it is embodied in these Terms. By using these Digital Platforms or accessing any information or content available on or from these Digital Platforms (other than for the purpose of reading these Terms for the first time) you are deemed to have read, understood, accepted and be legally bound by these Terms. Please note that we may, in our sole discretion, amend the Terms from time to time. Your continued use of our Digital Platforms after any such changes are posted constitutes your acceptance of the revised terms and conditions. You are responsible for keeping yourself updated on any changes.


1. Interpretation and Application 1.1 For the purposes of these terms and conditions: (1) “Agreement” means the agreement made between the Customer and Physical Radio incorporating these Terms. (2) "Customer" or "Customers" refers to any person, entity, or person on behalf of such an entity, making use, exhibiting interest, or seeking the use of services which are supplied by Physical Radio (typically at a prescribed fee). (3) “Physical Radio" means Physical Radio trading under Barbecue Records (ABN 23 747 068 609). (4) “Services” means the goods and/or services provided by Physical Radio, including, but not limited to, the distribution of pre-recorded or live radio shows, the distribution of podcasts, the production, distribution and monitoring of sound recordings, media releases, audio news releases and the scheduling of such recordings for broadcast. (5) “One-off show” means a show that is broadcasted only a single time. (6) “Weekly residency” means a show that is broadcasted once every week, and on the same day and time every week. (7) “User” means and includes any person, company or entity (including Customers) accessing or using the Digital Platforms or the Services. (8) “Website” means this website (i.e. www.physical-radio.com), its associated domains, subdomains, mobile sites, apps and web pages. (9) “Digital Platforms” means and includes this website (i.e. www.physical-radio.com), its associated domains, subdomains, mobile sites, apps, web pages, social media pages and all related content. 1.2 These terms and conditions apply to Customers and all other person/s or entities using or relating to services supplied, sought or advertised by Physical Radio or using these Digital Platforms. 1.3 Customers hereby acknowledge that any member of staff, management, volunteer or representative who accepts these terms and conditions does so on behalf of their employer and for all subsequent members of staff, management, volunteers or representatives so employed now or in the future, and represents that they have authority to do so. 1.4 Nothing in these Terms will prevent or exclude Physical Radio from providing any other goods, services or advice in the normal course of their business, and will not exclude Physical Radio from providing additional goods and/or services in the future, whether or not they are related to the current business of Physical Radio. 1.5 These terms and conditions may be enforced by legal action or any other legitimate means entirely at the discretion of Physical Radio. 1.6 Any term, phrase or condition in these Terms that is described in the singular will also apply in the plural and vice versa.


2. Use of Website 2.1 Physical Radio grants users of the Website a non-exclusive non-transferable licence to use the Website and any works obtained from or provided by Physical Radio in accordance with these Terms. 2.2 These Terms apply to all users of the Website, including Users who are also Customers or who contribute audio or video content, information, and other materials or services for the Website, and includes all aspects of the Website and Services, including but not limited to Website channels and any technology or player used to upload, view, access or play any content on the Website. 2.3 You may access and use the Website or any works obtained from or provided by Physical Radio (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the Website for your own personal, non-commercial use. 2.4 Users must not add or contribute any content to the Website or any works obtained from or provided by Physical Radio: (1) unless they hold all necessary rights, licences and consents to do so; (2) that would cause the User, Customer or Physical Radio to breach any law, regulation, rule, code or other legal obligation; (3) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence, in breach of privacy, or constitutes prohibited content or potential prohibited content within the meaning of the Australian Communication and Media Act (Cth); (4) that would bring Physical Radio, the Website or any works obtained from or provided by Physical Radio into disrepute; or (5) that infringes the intellectual property rights of any person. 2.5 The Website contains links to other websites as well as content provided by people other than Physical Radio. Physical Radio does not endorse, sponsor or approve any such user-generated or any content available on any linked website. 2.6 Customers and any other Users of the Website acknowledge and agree that: (1) Physical Radio retains complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in their sole and absolute discretion; (2) They must not collect or harvest any personally identifiable information, including account names, from the Website, and will not use the communication systems provided by the Website (including, without limitation, any comments or emails) for any commercial solicitation purposes; (3) They agree not to circumvent, disable or otherwise interfere with security-related features of the goods or services or features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content on the Website; and (4) The Website will not operate on a continuous basis and may be unavailable from time to time (including for maintenance purposes). 2.7 Customers and any users of the Website agree to comply with the terms of Physical Radio’s Privacy Policy and these Terms in relation to use of the Website and any Services as published on the Website from time to time. In the event of any inconsistency between these Terms and the Privacy Policy, the terms and conditions contained in these Terms will prevail. 2.8 Users of the Website consent to Physical Radio collecting and storing the IP address of each user for security and statistical purposes, and agree that Physical Radio may use cookies, beacons, digital watermarks, digital fingerprints and/or other similar types of digital rights management and/or monitoring technologies to allow Physical Radio to customise the Website to user’s needs and help Physical Radio to enhance the user’s experience with, and use of, the Website, and about their use of and interaction with the Website and the Services: (1) Cookies are small files or data containing information that a website transfers to a user’s hard drive for record-keeping purposes or for tracking of visits to the website and saving preferences the user has set to help users locate information on the website. Use of such cookies is standard industry practice, and cookies are used by most websites, including those websites operated by Physical Radio; (2) Users can choose to configure their browser not to allow or accept cookies, but if users do so, they may not be able to access some features of the website or some of Physical Radio’s online services. Accepting a cookie does not of itself give Physical Radio access to the user’s computer for any other purpose, or to any other personal information about the user; (3) Aggregate, non-personal information may be gathered by Physical Radio or agents or contractors on its behalf and used for the purpose of collecting the number of page per views (or page impressions) on their websites, number of unique browsers accessing Physical Radio’s websites, time spent accessing pages of their websites, and entry and exit points to and from their websites, for the purpose of analysing website usage. 2.9 Users agree that the Services include security technology that limits the use of the Services and that, whether or not the Services are limited by security technology, Users must use the Services in compliance with the applicable usage rules established by Physical Radio and its licensors, and that any other use of the Services may constitute copyright infringement. Any security technology is an inseparable part of the Services. Physical Radio reserves the right to modify the rules for using the Services at any time. Except to the extent that applicable laws prevent Physical Radio restraining such use, Users must not violate, circumvent, reverse-engineer, decompile, disassemble, or otherwise tamper with any of the security technology related to the Services for any reason, to interfere with, remove or alter any rights management information on the Services - or to attempt or assist another person to do so. The Services may be controlled and monitored by Physical Radio for compliance purposes, and Physical Radio reserves the right to enforce rules of use of the Services without notice. Users must not access the Services by any means other than through the Website and any software that is provided by Physical Radio for accessing the Services or as otherwise agreed or provided by Physical Radio. Users must not access or attempt to access an account that they are not authorised to access. Except to the extent that applicable laws prevent Physical Radio restraining users from doing so, Users must not modify the software in any manner or form, or to use modified versions of the software, for any purposes including obtaining unauthorised access to the Services. Violations of system or network security may result in civil or criminal liability.


3. Variation of Terms and Conditions 3.1 Physical Radio may alter these terms and conditions at any time, without notice. As such, Customers and Users are advised to review these terms and conditions periodically for any updates or recent amendments. 3.2 Notwithstanding clause 3.1, Customers are deemed to have consented to the terms and conditions, as they are published (on this website or otherwise made available), at the actual time of making use, or exhibiting interest in the services supplied by Physical Radio. 3.3 Any variations to these Terms will be applied to any existing Customer booking for which services will be provided subsequent to the amendment. 3.4 If, at any time, a Customer wishes to cancel their agreement to these Terms, they must first advise their intention in writing to Physical Radio. Cancellation of the agreement on these Terms may be subject to interim conditions entirely at the discretion of Physical Radio.


4. Waiver 4.1 A waiver of any term or condition in these Terms by a Physical Radio representative must be in writing and will not operate to prejudice Physical Radio on any future occasion.


5. Severance 5.1 If any of these terms and conditions is unlawful, invalid or inconsistent with any law, statute or regulation it will be severed only to the minimum extent necessary to avoid that invalidity.


6. Governing Law 6.1 Customers and/or other Users agree that these Terms will be applied according to the laws of the State of Victoria, Australia and consent to any proceedings arising out of these Terms being instituted and heard by any appropriate court in the State of Victoria.


7. Service of Notice 7.1 Customers agree that service of any notices or court documents may be affected by pre-paid post or facsimile to the last known address of the Customer.


8. Payment Terms 8.1 Unless otherwise agreed to, Customer services supplied by Physical Radio must be paid for in full prior to supply. 8.2 Customers with continuous payment (i.e. monthly residency payments) approved by Physical Radio must keep their payment current. The first payment is due before the first show is broadcast on-air and remains valid up until the fourth show is broadcast on-air. To maintain the residency the following payment must occur before the fifth show is broadcast on-air and so on. Failure in payment will result in the immediate termination of the residency. In other terms, Customers must pay all fees owing for their residency every 4 weeks to maintain such residency on Physical Radio. 8.3 Customer payment is to be made by electronic funds transfer (Paypal), or any other method that may be determined by Physical Radio in its sole discretion. 8.4 Physical Radio reserves the right to impose a processing fee for certain payments, including but not limited to credit cards. 8.5 Customers will be liable to pay interest on any unpaid fees from the date such fees are payable until the date of payment, at the interest rate charged on unsecured personal loans from time to time by the bank used by Physical Radio for their trading business account from time to time. 8.6 Any expenses, costs or disbursements incurred by Physical Radio in recovering any outstanding monies including bank fees or charges, dishonour fees, legal costs and expenses, agent’s fees, or debt collection fees and/or costs must be paid by the Customer. 8.7 Any payments made without the prior consent, agreement and/or approval of Physical Radio will not lead or result in broadcast and Physical Radio, in its sole discretion, reserves the right to operate a refund or not.


9. Goods and Services Tax (GST) 9.1 The Customer will pay all goods and services tax (GST) applicable to services provided by Physical Radio and it is acknowledged that prices quoted by Physical Radio for services are exclusive of GST unless clearly expressed to the contrary in a written statement, invoice, advertisement or quote.


10. Default & Termination 10.1 If a Customer fails to pay any fees owing to Physical Radio or fails to observe or perform any of its obligations under these Terms or if the Customer breaches the terms and conditions of any other agreement it has with Physical Radio at any time, or commits any act of bankruptcy or insolvency or ceases or threatens to cease carrying on business, or Physical Radio suspects on reasonable grounds that any Customer or other user has failed to comply with any of the provisions of these Terms or the Agreement, then any licences or rights in regard to use or otherwise of materials made, created or produced by Physical Radio will be immediately cancelled and Physical Radio in its sole discretion, without notice may in addition to any other rights or remedies it may have: (1) Require immediate payment of all fees owing by the Customer to Physical Radio; (2) Immediately suspend or cancel the Customer's account; (3) Recover from the Customer all costs relating to any action taken to recover fees from it, including any legal costs and disbursements and debt collection fees or charges; (4) Cease any further services on behalf of the Customer and terminate any agreement in relation to services not yet supplied without incurring any liability; (5) Terminate any Agreement with that Customer or User and/or their Account, and that Customer or User will remain liable for all amounts due under their Account up to and including the date of termination; (6) Terminate the licence to the Website, the Services and/or software; (7) Preclude access to the Services (or any part of such Services); and/or (8) Require pre-payment before providing any further services for the Customer. 10.2 Physical Radio reserves the right to modify, suspend, or discontinue the Services (or any part or content of such Services) at any time with or without notice, and, to the full extent permitted by law, Physical Radio will not be liable to the Customer or User or to any third party should it exercise such rights. Termination of the Agreement and of the use of the Services will not affect the Services that have already been acquired. Any Customer or other User may cease to use the Services at any time. 10.3 Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.


11. Financial Information 11.1 Physical Radio reserves the right to request financial information and/or require the provision of security, personal guarantees, bank guarantees, letters of credit or other relevant documents or security from the Customer.


12. Proposed Changes 12.1 The Customer must immediately advise Physical Radio in writing of any material change in any information provided to Physical Radio, or anything else Physical Radio might otherwise be reasonably expected to know, as part of or in connection with services sought or supplied.


13. Customer & User Material 13.1 The Customer must ensure that all directions and materials submitted to Physical Radio are entirely accurate, do not contain any whole or partial untruths and comply with any applicable laws, regulations and broadcasting or transmission codes. 13.2 The Customer takes full responsibility and accepts full liability for all material provided to Physical Radio and, without limiting the generality of this obligation, must not provide any defamatory material or material in breach of legislation. 13.3 In order to access some features of the Website, Customers or other Users may have to create a registered subscriber or user account. Customers or other Users may never use another person's account without permission. When creating their account, Customers or other Users must provide true, accurate and complete information and, if that information or their details change, they are required to promptly update the relevant registration information. If they are under thirteen years of age, then Users are not permitted to register as a User or otherwise submit personal information on the Website or to Physical Radio. 13.4 Customers and/or other Users are responsible for safeguarding and maintaining the confidentiality of their account, they are solely responsible for any activity that occurs on their account, whether or not they have authorised the activity, and they must keep their account password secure. Customers and/or other Users must notify Physical Radio immediately they become aware of any breach of security or unauthorised use of their account. 13.5 Although Physical Radio will not be liable for any losses suffered or incurred by Customers and/or other Users as a result of any unauthorised use of their account, Customers and/or other Users may be liable for the losses of Physical Radio or others due to such unauthorised use. 13.6 Customers are solely responsible for the contents of any works, content, material or transmissions made or provided by the Customer to Physical Radio. The Customer’s use of any Services is subject to all applicable state, national and international laws and regulations. Customers and other Users of the Website, and/or the Services agree: (1) not to use the Website or any Services for any illegal purpose; (2) not to interfere with or disrupt any networks linked or connected to or using any of the Services; (3) not to use, display, publish or transmit to the public or to any User any offer, information or content which is false, inaccurate or misleading; (4) not to offer any goods or services which are illegal, fraudulent, obscene, offensive, prohibited, or which otherwise may adversely reflect on Physical Radio, the Services, or the Website; and (5) to comply with all regulations, policies and procedures of networks connected to any of the Services. 13.7 Customers warrant to Physical Radio that all information, material and content including audio content, copy and illustrations provided by or on their behalf to Physical Radio: (1) Is true, correct and not misleading in any material particular; (2) Accurately describes the goods or services offered in any content or material created, posted or published on the Website or otherwise using any of the Services; (3) Does not promote, constitute, contain or link to any unlawful or criminal goods, services, content, activity, or any prohibited content (as determined by the Australian Communications and Media Authority); (4) Does not contain any material that is defamatory of any person or corporation; and (5) Does not infringe the copyright or other intellectual property rights of any person or corporation. 13.8 Customers agree not to transmit through the Website or any of the Services any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customers further agree not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable state, national or international law or regulation. Attempts to gain unauthorised access to other computer systems are prohibited. 13.9 Customers agree not to use the Website or any of the Services in a manner that violates any Commonwealth, or state laws or statute including but not limited to the transmission of prohibited content or the sale of regulated substances to minors or the filing of fraudulent insurance claims. 13.10 Physical Radio retains the right, at its sole discretion, to determine whether or not any conduct is consistent with the letter and spirit of these Terms and may, in its sole discretion, immediately terminate the Customer’s use of the Website or any of the Services if their conduct is deemed to be inconsistent with these Terms. 13.11 By placing or sending any information or other material to Physical Radio (including email, posting messages, uploading files, inputting data or engaging in any other form of communication) Customers grant to Physical Radio a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted worldwide licence to do the following in respect of the information or material in order to carry out its duties under these Terms and any agreement with the Customer, and perform its essential functions: (1) use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display; and (2) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted, and (3) that grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark or patent laws under any jurisdiction worldwide. The Customer expressly waives in favour of Physical Radio and any other party authorised by Physical Radio all moral rights and any similar rights in any jurisdiction which the Customer may have or subsequently acquire in respect of any relevant communication or other material.


14. Customer Deadlines 14.1 The following Customer deadlines will apply: (1) All recordings relating to a show (one-off or residency) must be sent at least 72 hours before such show is meant to be broadcast on-air. Failure to provide the recordings in time will result in such recording not being broadcast with no refund possible. 14.2 Physical Radio reserves the right to require full payment from the Customer for any scheduled service which was not broadcast, partly or solely, due to failure to meet these deadlines. 14.3 Physical Radio reserves the right to impose a further fee or charge upon the Customer for any delay in obtaining material later than these deadlines, or at a time mutually agreed with Physical Radio. 14.4 Physical Radio schedule is based on Central European Time (CET).


15. Cancellation or Rejection of Booking/Application and Broadcast 15.1 Any cancellation of bookings/application by the Customer requires immediate notification to Physical Radio, which will only be deemed as given if confirmed in writing by a Physical Radio representative. 15.2 Physical Radio reserves the right at any time to reject a Customer booking/application, amend, or refuse supply of the Services. No explanation whatsoever will be required. 15.3 Physical Radio reserves the right to refuse a Customer booking/application in order to meet the demand of other existing Customer bookings/applications. 15.4 Customers are aware of the level of quality requested for the broadcast of a show. If such quality is not met or sufficient (at the sole discretion of Physical Radio), the show will not be broadcast and no refund can be claimed. Physical Radio reserves the right, at its sole discretion, to broadcast a show according to such criteria of level of quality. Physical Radio reserves the right to stop a show, a residency and the subscription associated, at its sole discretion.


16. Liability 16.1 The Australian Consumer Law (Vic), Australian Consumer Law & Fair Trading Act 2012 (Vic) and the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Cth) (“ACL”) provides consumers with certain consumer guarantees and rights in relation to certain transactions concerning goods and/or services (see www.consumerlaw.gov.au). Any rights the Customer or other User may have as a consumer under the ACL will apply regardless of any inconsistent provisions in these Terms which will be read down to the extent necessary to comply with the ACL and these Terms will otherwise apply to the fullest extent legally permissible. 16.2 Neither Physical Radio nor its employees or agents will be liable for: (1) The sound quality or delay of any material transmitted from Physical Radio by means of landline, telecommunication, electronic, online or any other delivery method; (2) Copy changes or failure to broadcast or transmit arising from cancellation, default by Customer or non compliance with these Terms; (3) Discrepancies, personnel changes or schedule variations; 16.3 To the maximum extent permitted by law, Physical Radio disclaims all warranties and conditions with regard to any documents or information contained on or available from or in relation to the Website, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and Physical Radio does not warrant, guarantee or make any representation that: (1) the Services, the Website, or the server that makes the site available are free of software viruses or secure; (2) the functions contained in any software contained on or comprised or included in the Services and/or the Website will operate indefinitely or uninterrupted or are error-free; (3) The Services, the Website or its functions will operate on any User’s computer in a secure manner or at all; or (4) errors and defects in the Services and/or the Website will be corrected. 16.4 To the maximum extent permitted by law, Physical Radio is not liable for: (1) errors or omissions in the Website, or linked sites; (2) the unintentional transmission of viruses, malicious computer code or any harmful component from or by means of the Services or the Website; (3) delays to, interruptions of or cessation of the Services, the Website, or linked sites; (4) unauthorised access to or alteration of any data transmitted to Customer or other User; (5) loss of any data transmitted to Customer or other User; (6) loss or non-fulfilment of transactions entered into using the Services and/or the Website; (7) unintentional release of personal or sensitive information to third parties; or (8) defamatory, offensive or illegal conduct of any user of the Services and/or the Website, whether caused through negligence of Physical Radio, its employees, delegates, independent contractors, or through any other cause. 16.5 To the fullest extent permissible under law, Physical Radio will not be liable for any indirect or consequential damages arising out of a breach of these Terms or otherwise relating to or arising from the provision of the Services by Physical Radio.


17. Exclusion of Warranties 17.1 Physical Radio excludes all liability in contract, tort (including negligence) or otherwise for any direct, indirect, incidental, punitive, special or consequential damages (including damages for loss of business revenue or profits, business interruption, loss of business information and the like), arising out of the use, misuse, or inability to use this Website (including any content, material or support services downloaded from this Website), even if Physical Radio has been advised of the possibility of such damages. 17.2 In the event any statute implies any term condition or warranty into this agreement which cannot be lawfully excluded, those implied terms, conditions or warranties will apply, save that the liability of Physical Radio for breach of any such implied term, condition or warranty will be limited to the fullest extent permissible under law including the Australian Consumer Law, at the option of Physical Radio, to any one or more of the following: (1) the replacement of goods or re-supply of services to which the breach relates or the supply of equivalent goods or services; (2) the repair of such goods; 17.3 Physical Radio believes that all information given or documents made available in the course of or in connection with this Website (whether by Physical Radio itself or its employees or agents) is accurate and reliable. However, no warranty of accuracy, completeness or reliability as to such information is given, and no responsibility for loss arising in any way from or in connection with errors or omissions in any information provided (including responsibility to any person by reason of negligence) is accepted by Physical Radio or by any of its agents or employees. Physical Radio accepts no responsibility to any person for any false, inaccurate or misleading information or for any interpretation, opinion or conclusion that any person or User may form as a result of using this Website. As appropriate, Users should take action to independently confirm the currency, accuracy and completeness of any Website material before relying on that material in any important matter. This Website will be updated periodically and the information and programs available from this Website will change. In no event will Physical Radio be liable for any loss arising as a result of the inaccuracy, incompleteness or alteration of information contained on this Website. 17.4 Physical Radio does not warrant or represent that the information or any document provided on or available from this Website is free of any computer virus or any defects or errors. Physical Radio is not liable to visitors to or Users of its Website, or to any other party, for any loss or damage however caused, whether by negligence or otherwise, resulting directly or indirectly from the downloading or use of any files or material on its Website, and Physical Radio’s liability in such an event is limited to the re-supply of its own files from this Website. Physical Radio recommends that prior to downloading any file or material or using any downloaded file obtained from this Website Users should carry out an appropriate virus check using up-to-date anti-virus software.


18. Indemnity 18.1 Customers and other Users will indemnify and keep indemnified Physical Radio and their respective employees and agents from and against all claims, demands, proceedings, damages, costs, expenses, losses or any other liability whatsoever arising wholly or partly, directly or indirectly in connection with any services sought, unsought, supplied or expressly or impliedly approved by Physical Radio including but not limited to any breach of any law or regulation or for any breach of any legal, equitable or other rights of any person, firm, corporation or entity, including claims of negligence. 18.2 To the maximum extent permitted by law, Users agree to accept and pay the full cost of any necessary repair, correction and maintenance of any of their computer software or hardware or their component parts, which may be necessary as a consequence of the User accessing or using the Website or the Services and agree that Physical Radio will not be liable for any damages arising out of or in relation to any files, documents or information available from this Website or its server. 18.3 Customers and Users of the Website agree to indemnify Physical Radio and its subsidiaries, affiliates, licensors, partners, agents, officers, employees and other authorised representatives from and against all actions, claims, suits, demands, damages, liabilities, costs or expenses arising out of or in any way connected to their use of the Website or the Services including without limitation any direct, indirect, incidental, punitive, special or consequential damages (including loss of business revenue or profits, business interruption, loss of business information and the like) suffered or incurred by Physical Radio or its subsidiaries, affiliates, licensors, partners, agents, officers, employees and/or other authorised representatives, arising out of the use or misuse of the Website or the Services (including any content, material, application, software, data or other files or materials transmitted, provided or uploaded to this Website), or the intentional, reckless or careless transmission of or infection by viruses, worms, trojans, malicious computer code or any harmful component to the Website or Physical Radio’s servers or computer systems, or the Services as a result of the actions or access of all persons obtaining access through any Customers or other Users of the Website. 18.4 Customer agree that in the case of a Customer transmitting any viruses, worms, trojans, malicious computer code or any harmful component voluntarily or involuntarily to Physical Radio or its subsidiaries, affiliates, licensors, partners, agents, officers, employees and/or other authorised representatives all costs incurred will be indemnified by Customer.


19. Equipment Failure or Interruption 19.1 Physical Radio will not be held liable by Customers or other Users for any equipment failure or interruption (hardware, software or otherwise) as a result of utilising the Website or the Services and does not accept liability for or in connection with any computer virus, trojan, bug, malware, malicious software, data corruption, delay, interruption or unauthorised access arising from or in connection with the use of the Website or the Services or the opening or use of any file or attachment in connection with the services, whether caused by the negligence of Physical Radio or otherwise. 19.2 Physical Radio does not warrant that the Services will operate free from error or computer viruses, trojans, bugs, malware, malicious software, data corruption or defects. Any User, person or entity using or accessing Physical Radio services is responsible for using an up-to-date anti-virus or device security program in order to scan the services and any files or attachments opened or accessed in connection with the services for viruses, trojans, bugs, malware, malicious software, data corruption, defects or errors. Protection and remedy from any such event rest solely with Customers, Users or any other third party which knowingly or unknowingly utilises or is exposed to Physical Radio services, files or attachments. 19.3 Customers agree that in the case of a technical problem occurring and preventing the broadcast of a Customer’s show, no refund will be made. Another time will be proposed/offered and the show will be rescheduled.


20. Copyright & Intellectual Property 20.1 All of the downloadable content, material, images, photographs, or illustrations displayed on or available from the Website is © Copyright, Physical Radio, 2020, or used under licence, unless otherwise specifically noted, and any rights not expressly granted in these Terms are reserved. 20.2 All intellectual property rights comprised in, relating to or arising from all material, media releases, audio, releases, interviews and/or audio files or other works displayed on or available from or downloaded from this Website, made or created by Physical Radio, or provided by Physical Radio, including but not limited to copyright, vest entirely in Physical Radio. 20.3 Customers must keep confidential any creative or financial proposal supplied by Physical Radio and will not, unless with written clearance from Physical Radio, disseminate, utilise or exploit any such proposal. 20.4 Reproduction of part or all of the contents of this Website is prohibited except to the extent expressly permitted below without the written permission of Physical Radio. A User may print one copy of documents or information obtained from this Website for their personal informational & non-commercial use provided that they include this notice on each copy, the information or documents will not be copied or posted on any network computer or broadcast in any media, that they make no alterations to any of the pages, and do not use any of the information in any other work or publication whatsoever whether the publication is paper-based or electronic. Use for any other purpose is expressly prohibited by law and may result in civil and criminal penalties. 20.5 The design or layout of this Website may not be copied or reproduced in any way. 20.6 No logo, graphic, sound or image from this Website or any Physical Radio website may be copied or retransmitted unless expressly permitted by Physical Radio. 20.7 Physical Radio does not warrant or represent that any use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with Physical Radio. No part of the information on this Website may be distributed or copied for any public or commercial purposes. Any unauthorised use of the material or images included on this Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. 20.8 Customers and other Users are prohibited from unlawfully using any of the copyright content and passing off content from this Website as their own. Customers and other Users are not permitted to "mirror", "deep-link" or "frame" this Website within another website, and/or copy or reproduce all or any part of this Website for re-use on their own website or any other website.


21. Physical Radio Copyright & Brand 21.1 The term "Physical Radio” and the Physical Radio logo ("the Copyrights") are protected under intellectual property. All rights are reserved and the Copyrights may only be used to identify Physical Radio’s Services. 21.2 Customers and other Users must not use and must not permit the use of the Physical Radio logo, name or brand in any documentation, broadcast, program or promotional material without the written consent of Physical Radio, and any such permission may be given or withheld in each specific case in the sole and absolute discretion of Physical Radio. 21.3 The Copyrights are not to be used in any way that may dilute their distinctiveness, the Copyrights must always be used in a manner which does not depart from the essential idea of the Copyrights and in a way which clearly identifies Physical Radio as the true owner or exclusive licensee of the Copyrights.


22. Third-Party Endorsements 22.1 Third-party trademarks depicted, used or provided on this Website belong to the respective owners of those trademarks and their provision, use or depiction does not imply any licence, authorisation, approval or endorsement by those persons, companies or entities of Physical Radio or the Services, or any licence, authorisation, approval or endorsement by Physical Radio of any of those persons, companies or entities or of any associated organisation, product or service.


23. Email 23.1 Any electronic mail (email) or communication that is drafted or sent by Physical Radio or its representatives is drafted or sent in good faith and must be treated with appropriate discretion. Any content or attachments to such email may be confidential and contain privileged information or copyright material. Any person who is not an intended recipient of any such email or communication must contact Physical Radio immediately by return email and then delete all associated messages. Any person receiving any such email or communication may not otherwise forward, copy, use or disclose the content of such email or any attachments. Unless expressly stated, confidentiality and/or legal privilege is not intended to be waived by the sending of such email.


24. Physical Radio Website and Other Published Material 24.1 In some cases the material published or available from the Physical Radio Website and apps may incorporate or summarise views, standards or recommendations of third parties. Physical Radio does not necessarily obtain independent verification of the results of any facts or research quoted or referred to on this Website or in any material downloadable from or obtained from this Website, and the views expressed in any materials made, created or produced from any Customers do not necessarily represent the views or beliefs of Physical Radio. 24.2 Due to the possibility of human and mechanical error, neither Physical Radio nor any of the contributors to this Website are responsible for any errors or omission. All information is provided "as is" without warranty of any kind. Neither Physical Radio nor any contributors to the Website make any representations as to the accuracy or integrity of the information. To the maximum extent permitted by law, Physical Radio disclaims all express, implied, and statutory warranties of any kind, including warranties as to accuracy, timeliness, completeness, merchantability, or fitness for any particular purpose. Neither Physical Radio nor its contributors will be liable for any damages of any kind incurred (including consequential loss or damage) as a result of any reliance on the information posted on this Website. 24.3 Unlawful use of any of the copyright content and passing off content from this Website as your own is prohibited unless stated otherwise. 24.4 The Website may contain robot exclusion headers and Users agree that they will not use any robot, spider, other automatic devices, or manual process to monitor or copy any web pages or their content on the Physical Radio Website without Physical Radio’s prior expressed written permission. Users agree that they will not use any device, software or routine to bypass Physical Radio’s robot exclusion headers or to interfere or attempt to interfere with the proper working of the Physical Radio Website or any activities conducted on the Website. Users agree that they will not copy, reproduce, alter, modify, create derivative works, publicly display or frame any content (except for their own information) from the Website without the prior expressed written permission of Physical Radio or the appropriate third party. If they use, or attempt to use, the Website or any product or service obtained from the Website for purposes that are not permitted, including but not limited to tampering, hacking, modifying or otherwise corrupting the security or functionality of the Website or any product or service obtained from the Website, Users will be required to pay damages and will be subject to other penalties, including criminal prosecution where available. 24.5 By using the Website and/or the Services, Customers or other Users may encounter material that may be deemed to be offensive, indecent, or objectionable, and any such content may or may not be identified as having explicit material. Nevertheless, Customers and/or other Users agree to use the Website and/or Services at their own risk and Physical Radio will have no liability to anyone for material that may be found to be offensive, indecent, or objectionable. Product and/or service types and descriptions are provided for convenience, and Physical Radio does not guarantee their accuracy.


25. Links 25.1 Any linked sites are not under the control of Physical Radio and Physical Radio is not responsible for the contents of any linked site. 25.2 Physical Radio has not reviewed all of the sites linked to this Website and is not responsible for the contents of any off-site pages or any other sites linked to this Website. Any such links are provided only as a convenience, and the inclusion of any link to such sites does not imply approval, recommendation or endorsement by Physical Radio of those sites, any material on those sites or any associated organisation, product or service. Linking to any other off-site pages or other sites is at the User’s own risk. Physical Radio cannot provide any warranty about the accuracy or source of any data set out on any of those servers or web sites or the content of any file the User downloads from such a third party site. Users link to any such website entirely at their own risk.


26. Force Majeure 26.1 Physical Radio will not be liable for any failure to perform and will be relieved of, its obligations under these terms occasioned by force majeure including (but without limiting the generality of the foregoing) war, legislation, civil commotions, fire, floods, explosions, acts of God, strikes, lockouts, sabotage, embargoes, labour employment difficulties, accidents, breakdowns, restrictions, prohibitions or any action by any government or quasi-government authority, and any other causes outside the reasonable control of Physical Radio.

 

Formulaire d'abonnement

52 Park St, South Melbourne VIC 3205, Australia

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