Terms and Conditions

• Terms of Use of Family Radio Website and Digital Services
• General Terms and Conditions Concerning Promotions

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Terms of Use of Family Radio Website and Digital Services

Family Radio Ltd (“Family Radio” or “We”) and its related bodies corporate (96five, Inspire Digital, FRESH, MSA [Media Sales Australia]) offers family-friendly entertainment, music, news, on demand interviews, podcasts, videos, stories, event listings and more. We are a registered not-for-profit, charitable organisation.

96five is home to Brisbane’s number one contemporary Christian radio station.

Family Radio owns and operates:

• the 96five.com website (Website); and
• the related digital services including, but not limited to, websites, streaming and on demand audio, podcasts, apps, social media, email communications, advertising and video (Digital Services).

General

These terms of use describe your rights and responsibilities as a user of the Website and the Digital Services.

By downloading and accessing the Website and the Digital Services, you agree to be bound by:

• these Terms of Use;
• the Family Radio Privacy Policy (available here); and
• any additional terms, conditions, notices and disclaimers displayed elsewhere on the Website or the Digital Services

1. These Terms of Use apply whenever you access the Website or the Digital Services, regardless of how you do so.
2. If you do not agree with any of these Terms of Use, you should immediately discontinue your use of the Website or the Digital Services.
3. Family Radio reserves the right to review and change these Terms of Use at any time by posting changes online and without any liability or notice to you.
4. Family Radio will include at the bottom of these Terms of Use the date on which these Terms of Use were last updated.

Content

5. You may not:

(a) copy, reproduce, republish, download, broadcast, transmit, make available to the public, or otherwise use the Website or the Digital Services content; or

(b) adapt, alter or create a derivative work from any of the Website or the Digital Services content,

in any way except for your own personal, non-commercial use, provided you do not modify the content in any way (including any copyright notice).

6. Any other use of the Website or the Digital Services content which is not covered by clause 5 requires the prior written permission of Family Radio or the copyright or trademark owners’ permission.

Changes to Services

7. Family Radio always aims to ensure that the Website and the Digital Services are available continuously, however, we do not make any representations or warranties that your access will be uninterrupted, timely, secure or error free.
8. We may undertake maintenance or upgrades to the Website and the Digital Services that may render them unavailable for a time. Unplanned outages beyond our control may also affect access to the Website and the Digital Services. 9. You may also be required to upgrade software to continue using the Website and the Digital Services (including but not limited to the 96five app). Choosing not to upgrade software may affect your access.

General Information Only and Young People

10. Family Radio aims to predominantly provide content that is family-friendly and suitable for a general audience. However, we also produce, publish and broadcast news, information, resources and interviews on both the Website and the Digital Services that are created for a mature audience.
11. If you are under the age of 15 years, you must obtain your parents’ permission before viewing content on our Website or Digital Services.
12. Content on the Website and the Digital Services is prepared as general information only. It is not advice and should not be substituted for personal, professional, medical, financial or other advice which takes into account your individual health, financial or other circumstances.

Your Online Security

13. Family Radio will never ask for your bank or credit card information via the Website or the Digital Services in order to claim a prize. If someone contacts you, purporting to be from Family Radio and asks for personal details including bank account details or other sensitive information to claim a prize, please contact us via our website form or call 07 3552 0965. You should report any suspicious correspondence immediately via the platform from where you received the request/s – e.g. Facebook, Instagram, Google.

Intellectual Property

14. The names, images and logos identifying Family Radio’s related bodies corporate – including 96five, FRESH, Inspire Digital, MSA (Media Sales Australia) – or third parties and their products and services are subject to the copyright, design rights and trademarks of 96five, FRESH, Inspire and third parties.

Third Party Content & Links

15. Content on the Website and the Digital Services may include third party content which is subject to that third party’s terms and conditions of use. Nothing on the Website, the Digital Services or these Terms of Use should be construed as granting any licence or right for you to use that content.
16. The Website and the Digital Services may include links to third party sites which are not related to Family Radio, and in relation to which Family Radio has no control or interest. The appearance of those links on the Website or the Digital Services does not indicate any relationship between Family Radio and that third party or any endorsement by Family Radio of that third party, its website or the products or services which it is advertising.

Contributing Content

17. When you submit content to Family Radio in any format, including any text, photographs, graphics, video or audio, you grant Family Radio a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.
18. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any governing law (see ‘Governing Law and Reporting’ 21 below). You indemnify Family Radio against any and all legal fees, damages and other expenses that may be incurred by Family Radio as a result of a breach of the above warranty.

Lawful Use

19. You must use the Website and the Digital Services only for lawful purposes and in a manner that does not infringe the rights or restrict or inhibit the use and enjoyment of the Website or the Digital Services by any third party. This includes conduct which is unlawful or which may harass or cause distress or inconvenience to any person, the transmission of obscene or offensive content or distribution to the Website or the Digital Services.
20. You must not post or transmit via the Website or the Digital Services any unlawful, defamatory, obscene or offensive material or any material that constitutes or encourages conduct which would contravene any law.

Governing Law and Reporting

21. The Terms of Use and any issues arising under the Terms of Use will be governed by and construed in accordance with the laws of Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of Queensland, Australia.
22. If you think that any content on the Website or Digital Services contravenes the Terms of Use, please contact us via the link below to report the relevant content. For each report received, we will review all correspondence and will consider whether there are any grounds for taking action.
23. If you wish to send us a copyright infringement notification, please contact us via the link below, identifying each copyright protected work in which you own the rights and which you believe has been infringed, and include your contact information.

Contact Family Radio

Terms of Use of Family Radio Website and Digital Services updated 8 June 2022

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Congratulations on winning a 96five Prize!

Please find below our general terms and conditions concerning promotions. Thank you for your support.

The Terms and Conditions covered in this document apply to all promotions, competitions, and giveaways (“promotions”) run by Family Radio Ltd (“96five”) both on-air and online. Special rules may apply to particular promotions, in which case an addendum to these rules will be made for that particular promotion.

1 CONDITIONS OF ENTRY

1.1 By submitting an entry to a promotion, the entrant acknowledges and agrees to be bound by the Terms and Conditions.

2 WHO MAY ENTER PROMOTIONS

2.2 Unless otherwise specified in special promotion Terms and Conditions, no person may enter any promotion more than once.

2.3 Promotions are not open to:

• • • • • employees of 96five.
        • the spouse, de facto spouse, parent, natural or adopted child, or siblings of such employees (regardless of whether or not they live in the same household).
        • contestants living outside the Greater Metropolitan Brisbane area.
        • contestants who have won a prize or prizes valued individually or collectively at more than $100 from 96five in the last 90 days prior to the commencement of the promotion.

3 PRIZES

3.1 Prizes are non-transferable and may not be redeemed for cash.

3.2 Prizes must (where applicable) be used on the dates specified.

3.3 All prizes are accepted entirely at the risk of the winner, and 96five excludes all warranties in connection with any prize to the extent permitted by law.

3.4 In the event that a winner chooses not to accept a prize, they forfeit any and all claims to that prize, which will be dealt with according to the absolute discretion of 96five subject to legislative requirements.

3.5 96five, its agencies, affiliates, sponsors and representatives are not responsible for defective prizes or misuse of any prize, or for any claims, liability, loss or damage arising out of or in connection with any promotion promoted by 96five.

4 PRIZE COLLECTION

4.1 Prizes must be claimed in person unless the winner is advised otherwise. The winner will be required to provide photographic identification for the purposes of collecting the prize or nominate someone to collect it on their behalf.

4.2 Where 96five elects to post a prize to a winner no responsibility will be accepted by 96five for the safe and effective postal delivery of the prize.

4.3 All prizes must be collected within 30 days from the date of winning. After that time, unclaimed prizes will be dealt with according to legislative requirements. It is the sole responsibility of winners to collect their prize. 96five will not notify winners of time remaining.

5 PUBLICITY

5.1 Each entrant consents to the content of their entry and any telephone entries being recorded, broadcast, and published online by 96five without compensation.

5.2 Acceptance of a prize constitutes permission for 96five to use the winner’s name, suburb or residence, recording of winner’s voice, photos and likeness, and filming for advertising and promotional purposes by 96five for broadcast by radio and use online without compensation unless otherwise prohibited by law. The winner’s name will NOT be used or listed in any other form of media without explicit and written permission by the winner.

5.3 96five may incorporate information from entrants in any promotion(s) in any database to be used for the purpose of its business.

6 EXCLUSION OF LIABILITY

6.1 All contestants release from, and indemnify Family Radio Limited (ACN 067 249 281) against, all liability, cost, loss or expense arising out of acceptance of any prize(s) or participation in any promotion including (but not limited to) personal injury and damage to property and whether direct or consequential, foreseeable, due to some negligent act or omission or otherwise.

6.2 96five takes no responsibility for the loss of prizes due to incorrect or imprecise delivery details provided by an entrant.

6.3 A failure by 96five to enforce any of these Terms and Conditions in any instance(s) will not give rise to any claim by any other person.

7 OWNERSHIP OF ENTRIES

7.1 All entries (whether written, audio or visual form, or a combination of those) become and remain the property of 96five (subject to the limits contained in the Privacy Policy).

8 DISQUALIFICATION

8.1 96five is not responsible for lost, interrupted communications or unavailable network server or other connections, failed telephone, mid-delivery or computer transmissions or other errors of any kind, whether human, mechanical or electronic.

9 TERMINATION

9.1 96five may, at its discretion, vary the Terms and Conditions for promotions or terminate a promotion entirely.

10 PARTICIPATION

10.1 All entries by the internet are sent entirely at the risk of the entrant. If there are any difficulties arising out of the internet or any associated equipment 96five may at its absolute discretion disqualify the entire entry or any portion thereof.

11 PRIVACY

11.1 All personal information by an entrant for the purposes of a promotion will be governed in accordance with the Privacy Statement for 96five. Please refer to the Privacy Statement for a full description of our privacy policy.