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Terms of Use

The Song Room (referred to as us or we) is a Company Limited by Guarantee registered in Australia (ABN: 68 790 325 760 and ACN: 159 071 584) and a Registered Charity with Deductible Gift Recipient (DGR) Item 1 and Tax Concession Charity (TCC) status. The organisation is located in Australia.

1.    TERMS & CONDITIONS

  1. In these Terms and Conditions of  The Song Room Internet site (Site), we or us means The Song Room Limited.
  2. In these Terms and Conditions of the Site, you or your means users of The Song Room Site.
  3. Nothing you do on or in relation to the Site will transfer any copyright or intellectual property rights in the Content to you or licence you to exercise any intellectual property rights over the Content.
  4. You acknowledge that our corporate name “The Song Room” and logo are our trademarks. All rights in our trademarks are reserved by us. All other trademarks appearing on our Site are the property of their respective owners
  5. You acknowledge that you will not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any other purpose without our prior written consent; or
  6. Otherwise infringe the intellectual property rights of any person in using the Site or any Content.

2.    ACCURACY AND CONTENT OF THE SITE

  1. We attempt to keep the Content of the Site up to date. However, we do not warrant the accuracy or currency of the Content.
  2. You acknowledge that the Content on the Site is liable to change at any time.

3.    YOUR USE OF THE SITE

  1. In these Terms and Conditions, Applicable Law in relation to any person, action or thing means the following in relation to that person, action or thing:
    • any law, rule or regulation of any country (or political sub-division of a country);
    • any obligation under any licence in any country (or political sub-division of a country); and
    • any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
  2. You must not:
    • disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site;
    • violate any Applicable Law relating to your use of the Site; or
    • collect or store personal data about other users of the Site.

4.    LINKS, DOWNLOADS, PLUG-INS, FEATURES AND ADVERTISEMENTS

  1. We have not reviewed all of the sites, downloads, plug-ins, features or activities linked to this Site and are not responsible for the content or accuracy of any off-site pages or any other sites linked to this Site (including without limitation sites linked through any search engines). The inclusion of any link does not imply that we endorse the linked site, and you use the links you do so at your own risk. We do not accept any responsibility or liability for any claims arising out of your use of these links or of the descriptions or information supplied to us.
  2. Your correspondence or dealings with, or participation in activities on other sites linked to this Site, are solely between you and such other sites. We will not be liable or responsible for any loss or damage of any sort incurred by you as the result of any such dealings or as the result of the presence of links to other sites on the Site.

5.    USE OF THE SITE IS AT YOUR RISK

  1. Subject to paragraph (b), you use the Site at your risk and everything on the Site 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 any Applicable Law.
  2. If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (a) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

6.    LIMITATION OF LIABILITY

  1. To the extent permitted by any Applicable Law we will not be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings resulting from your access to, or use of, or inability to use the Site and the Content, whether based on warranty, contract, tort, negligence or any other legal theory, and whether or not we know of the possibility of such damage.
  2. If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph (a) but allows a limitation of a certain maximum extent then our liability is limited to that extent.

7.    DONATIONS

  1. Donation Services
    • The Song Room will use your donation at the organisation’s discretion but within our stated charitable objectives.
  2. Privacy
    • The Song Room will not share your personal details with any other third party other than is set out in our Privacy Policy.
  3. Regular Donations
    • By confirming that you wish to proceed with a regular donation you authorise our payment service provider to request funds from your credit or debit card on the day of each month recurring from the first donation. To cancel your regular donation please contact us at enquiries@songroom.org.au.
  4. General
    • We reserve the right to amend these Donation Payment Terms and Conditions at any time.
    • If you make an error with your donation please contact us either by email at enquiries@songroom.org.au, by phone at (03) 9521 3990.
    • If you become aware of fraudulent use of your card, or if it is lost or stolen, you must notify your card provider.
    • All donations over $2 are tax deductible.

8.    PREMIUM SMS DONATIONS

Service Availability

  1. Every time you text 1999 7664, a $5 donation will be made and will appear on your mobile phone bill.
  2. This text donation service is available on eligible mobile telephone plans within Australia, with the exception of Optus Prepaid.
  3. Please keep the phone bill and text message as copy of your receipt.
  4. Optus, Vodafone & Telstra pass on 100 % of the donation.

Use, Disclosure & Personal Information Security

The Song Room would like to contact you in the future regarding your donation and The Song Room’s ongoing activities, campaigns and appeals that may be of interest to you. The Song Room is committed to safeguarding your Personal Information as detailed in our Privacy Policy. You can access The Song Room’s Privacy Policy on our website at any time. To find out how to change any information that may be held, enquire about how information is used, and learn about how The Song Room deals with complaints, of which we treat very seriously, please contact us.

In some instances data may be stored and processed overseas by contracted Premium SMS service providers. Where this occurs, The Song Room takes reasonable steps to ensure that all data is handled in a manner that is consistent with the Australian Privacy Principles. Third party contractors currently provide a component of their services in Ireland, the United States and China. We do not rent, sell or exchange any information we hold.

If you would prefer not to receive additional communications from The Song Room you can change your preferences or opt out at any time by calling 1800 SONG ROOM or emailing enquiries@songroom.org.au

Donations of $2 or more are tax deductible.

Please contact The Song Room if you would like further information, have a query or complaint.

9.    GENERAL PROVISIONS

  1. If any part of this agreement is held to be unenforceable, the unenforceable part must be given effect to the greatest extent possible and the remainder will remain in full force and effect.
  2. This agreement is governed by the laws of Victoria, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.

DISCLAIMER

The information and content on this Internet Web site (hereinafter “Content”) is presented in good faith. The Song Room makes no representations or warranties as to the completeness or accuracy of the Content.

The Content is supplied upon the condition that the persons receiving same will make their own determination as to its suitability for their purposes prior to use. In no event will The Song Room be responsible for damages or claims relating to or arising out of the Content in any way whatsoever, resulting from the use of or reliance upon information or the product, to which the Content refers.

The Content is for the use by members of The Song Room only and only for educational purposes. The Content must not be sold, reproduced, modified, displayed, publicly performed or derivative works prepared based on the Content, in any way for any other purpose without the prior written consent of The Song Room.

To the best extent possible at law, no representations or warranties, either express or implied, of merchantability, fitness for a particular purpose or of any other nature are made hereunder with respect to the Content.

The Song Room makes no commitment to update or correct the Content that appears on this Internet Web site.

All permissions for film and/or images of children that appear on this Internet Web site have been received from the children’s schools.