Bay FM 99.3 Terms & Conditions

Terms & Conditions

1. Terms and Conditions
In these terms and conditions, "we", "us" and "our" means GJ & UH Brown trading as Radio Bay FM (Bay FM 99.3)
(ABN 59 456 702 914). Please read these terms and conditions carefully as they apply to your use of our web pages and website (Website) and the service offered by us on the Website as described in clause 2 below (Service). By using the Website and the Service you agree to be bound by these terms and conditions. We may revise these terms and conditions from time to time by updating this posting. The revised terms will take effect when they are posted.

2. Services
(a) The Website provides (among other things) an entertainment service by which you can, from to time, interact with us online.
(b) We reserve the right at any time to charge or amend any fees payable by you and to vary or amend the terms and conditions which cover such fees for your access or use of any part of the Website and/or the Service.

3. Registration
You may be required to register with us in order to access the Website or to make use of the Service or to enter a contest. Where you are required to register:
(a) you must provide us with accurate, complete and updated registration information;
(b) you must safeguard any user name and password which we provide to you;
(c) you authorise us to assume that any person using the Website or Service with your user name and/or password is either you or is authorised to act for you;
(d) where your user name and/or password is specific to you, you must not allow anyone else to use your username and/or password;
(e) you agree to immediately notify us of any unauthorised use of your user name and/or password or any breach of security of which you become aware;
(f) you may cancel your registration at any time at any time by notifying us;
(g) we reserve the right to discontinue or cancel your registration in our sole discretion without notice if you do not visit the Website or use the Service for an extended period of time, if you breach any of these terms and conditions or any applicable law or if we conclude that your conduct impacts on our name or reputation or violates our rights or those of another party.

4. Licence to Use the Content on the Website
(a) You acknowledge that we own or license all intellectual property rights subsisting in the content on the Website and in the Service, including copyright and trade mark rights (Intellectual Property Rights).Some Intellectual property such as advertisers logo may be owned by Thrid Parties.
(b) We grant you a limited, non-transferable licence to access and use the Website and the Service solely for your personal, non-commercial purposes and only for these purposes.
(c) We (or Third Party Copyright Owners) retain all right, title, and interest in and to the Website, the Service and all related content, and nothing you do on or in relation to the Website, the Service or any of the related content will transfer any Intellectual Property Rights to you or, except for the licence referred to in paragraph (b), permits you to exercise any Intellectual Property Rights whatsoever.
(d) Except as provided in these terms and conditions, permission to reprint or electronically reproduce the Website, the Service or any related content in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. You may contact us at: Bay FM 99.3 if you wish to obtain such consent.
(e) Subject to any applicable law, we may revoke the permission referred to in paragraphs (b) and (d) at any time and may suspend or deny, in our sole discretion, your access to all or any portion of the Website or the Service without notice.

5. Bay FM contests (both on-air and through the website)
Special Terms and Conditions may apply to particular promotions and contests, at which separate Terms and Conditions will be available for the contest involved. All contest entrants are automatically entered on the Radio Bay FM Promotions Database.
All contest entrants contact details are retained for direct marketing and administrative purposes. No information will be disclosed to anyone outside Radio Bay FM.
By entering a Bay FM contest either on-air or via this website you agree to accept from time to time various promotional material or information newletters either electronically or by post.
You may opt-out (unsubscibe) from receiving such material at any time, bY either contacting Bay FM direct, or through the unsubscribe link on electronically delivered material.
Every effort is made by Bay FM to send all prizes out by mail and should be received within three weeks of the entrant winning.
Once the prize has left the offices of Radio Bay FM we hold no responsibility regarding breakages or loss of parcel. In case of lost mail the winner will need to liaise directly with their local post office.
If the prize is not available due to unforseen circumstances Bay FM reserves the right to swap the prize for something of equal value.
Judges decision is final. No correspondence will be entered into.
Winners can not exchange prize for cash or for any other prize.
Employees or Service Contractors of Radio Bay FM and their immediate families and group companies and any other company associated to the specific competition are not eligible to enter the competitions.
We reserve the right to request winners to provide proof of identity and proof of residency at the nominated prize delivery address. Identification considered suitable for verification is at the discretion of the promoter.
All contestants release from, and indemnify Radio Bay FM, its employees and servants against all liability, cost, loss or expense arising out of accepting the prize or participation in the competition including but not limited to loss of income, personal injury.
If the winner is under the age of 18 years, the prize may be awarded to the winner’s parent or guardian.
We have the right to bar competition winners who we deem to have broken the rules of the general prize giveaway’s for a period of our discretion. The winner will be advised of this in writing after the entrant has been disqualified.
In the event that for any reason whatsoever a winner does not take an element of the prize at the time stipulated by the promoter then that element of the prize will be forfeited by the winner and cash will not be awarded in lieu of that element of the prize.
All correspondence regarding prizes must be in writing to the Promotions Department at Radio Bay FM. All correspondence will be answered within a three week period.
Notwithstanding any other condition of these specific competition rules, Radio Bay FM reserves the right to withdraw any competition at any time and for any reason whatsoever.
The promoter shall not be liable for any loss or damage whatsoever which is suffered (including but not limited to direct or consequential loss) or for any personal injury suffered or sustained in connection with any prize/s, except for any liability which cannot be excluded by law.

6. Indemnity
You agree to defend, indemnify and hold harmless us, our officers, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Website or the Service or resulting from, or alleged to result from, your use of the Website or the Services, a breach of your representations and warranties in clauses 5 and 6, or your violation of any of these terms and conditions.

7. USE of the Site is at your Own Risk
(a) You use the Website and Service at your risk. You must evaluate and bear all risks associated with the use of any material or content, including reliance on the accuracy, completeness or usefulness of any material or content. In particular:
(i) we endeavour to provide a convenient and functional Website and Service, but we do not guarantee that that your requirements will be met or that any content will be uninterrupted, error free or that the Website or Service or the server that operates them are free of viruses or other harmful components; and
(ii) while we may attempt to keep information on the Website or the Service current and accurate, we do not make any warranties or representations about the currency and accuracy of any information on the Website or the Service.
(b) If your use of the Website or the Service results in the need for servicing or replacing property, material, equipment or data, we will not be responsible for such costs.
(c) Without limiting the above provisions, to the extent permitted by law, everything on the Website and in relation to the Service is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under applicable law.

8. Variation of the website and Services
You acknowledge that we may, in our sole discretion and without notice, vary, modify or discontinue, temporarily or permanently, any or all of the Website or the Service and you agree that we are not liable to you or any third party for such variation, modification or discontinuance.

9. Links and advertisements
We have not reviewed all of the sites linked to the Website and are not responsible for the content or accuracy of any off-site pages or any other sites linked to the Website (including without limitation sites linked through advertisements). The inclusion of any link does not imply that we endorse the linked site, and you use the links at your own risk. Your correspondence or dealings with, or participation in promotions of, advertisers on the Website are solely between you and such advertisers.

10.Third Party Products and Services
Products and services offered for sale or advertised, and other information found on the Bay FM website, may be the products, services and information of third parties. Third party products and services are not provided by Bay FM. Bay FM provides an interactive environment in which users who are interested in sourcing products or services may find information about them on or through the Bay FM website. If you purchase third party products and services, your legal relationship will be with the third party supplier and not with Bay FM. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. Bay FM may receive fees or commissions from third parties for such products and services. Bay FM makes no representations about the accuracy or suitability of the information provided on or through links on the Bay FM website. The information is provided 'as is' without express or implied warranty. You use the information at your own risk and therefore agree to indemnify Bay FM against any security breaches or any other problems that arise from payments through third party sites. Bay FM does not control the legality, quality, safety or timeliness of any product or service that is purchased as a result of the use of information contained on the website or via links on the website.

11. Privacy Policy
In using the Website and the Service, you may give us personal information in which you have certain rights. By using the Website, you grant us consent to use your personal information in accordance with our privacy policy and you acknowledge that our privacy policy forms part of these terms and conditions.
Please click on this link to view our privacy policy: Bay FM Privacy Policy

12. General
(a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part is to be given effect to the greatest extent possible and the remainder will remain in full force and effect.
(b) These terms and conditions are governed by the laws of New South Wales, Australia, and you irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
(c) These terms and conditions and our privacy policy constitute the entire agreement between us and you in relation to the Website and your use of the Services and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between us and you in relation to the Website and the Services.
(d) Your use of the Service is conducted electronically and you agree that we may communicate with you electronically for all aspects of your use of the Service, including sending you electronic notices.
(e) The operation of these terms and conditions will survive cancellation of your registration or termination of your ability to access the Website