Terms & Conditions
These are the terms and conditions by which Podcard agrees to supply the products listed on our website, including but not limited to Podcard audio card products (‘audio cards’).
By using the website www.podcard.com and purchasing products from Podcard, you accept the terms and conditions set out below without modification and agree to be bound by the terms.
Podcard reserves the right to modify these terms and conditions at any time without notice to you. You will be deemed to have accepted any modifications if you continue to use the website and purchase products after the amended terms and conditions have been posted.
If you do not want to be bound by the terms and conditions, you should not use the website or purchase products from Podcard.
If you have any questions about the terms and conditions, please contact hello@podcard.com.
This document was last updated on 16 October 2019.
1. DEFINITIONS
a. “Order” refers to a purchase order for audio card products bought via the Podcard online store
b. “Refund policy” refers to the conditions upon which Podcard will agree to offer you a refund or modify your product
c. “Us”, “we” and “our” are all references to Podcard
d. “You”, “your”, and “customer” are all references to a purchaser of Podcard products
e. “Contributor” refers to any persons submitting audio to Podcard
f. “Group” refers to all people (contributors and customer) involved in a particular audio card.
2. AGE
You must be at least 18 years old to purchase an audio card or contribute audio to an audio card, unless these actions are directly supervised by your parent or guardian who agrees to be bound by these terms and conditions. Use of Podcard’s website by anyone under the age of 18 who is not directly supervised by an adult is prohibited and in violation of these terms and conditions.
3. WHAT PODCARD IS RESPONSIBLE FOR
In fulfilling orders for audio cards, Podcard acknowledges it is responsible for the following actions:
* Confirming orders placed through the online store.
* Providing information to you about how to record and upload an audio contribution.
* Specifying the date by which audio contributions for your audio card must be received.
* Specifying the date by which you can expect to receive your completed audio card.
* Collating all audio contributions received by the deadline, editing the contributions for clarity and duration, mixing the contributions with music and/or other sounds, and mastering the audio.
* Subject to these terms and conditions, delivering the completed audio card as a MP3 file to the customer by the specified deadline.
4. WHAT PODCARD IS NOT RESPONSIBLE FOR
In fulfilling orders for audio cards, Podcard is not responsible for the following actions:
* Coordinating the submission of audio contributions from audio card groups. That is the responsibility of the customer.
* Fulfilling orders where fewer than 7 audio contributions have been received by the audio submission deadline (we reserve the right to cancel your order if we receive fewer than 7 audio contributions, see 12 ‘CANCELLING ORDERS & REFUND POLICY’).
5. WHAT PODCARD CUSTOMERS AND CONTRIBUTORS ARE RESPONSIBLE FOR
In purchasing a product from our online store, you agree to:
* Make yourself available via email and phone to communicate with Podcard as required to fulfil your order.
* Ensure audio contributions are delivered to Podcard by the specified deadline.
* Provide accurate, complete and current information when you purchase an audio card.
In uploading audio to Podcard, you agree not to submit content that:
* Infringes the copyright or other intellectual property rights of any person or company;
* May create a risk of harm, loss, physical or mental injury, emotional distress or physical or mental illness to you or any other person;
* Seeks to harm or exploit children by exposing them to inappropriate content;
* May constitute or contribute to a crime or a tort;
* Defames or vilifies any person, people, race, religion or religious group, is obscene, pornographic, indecent, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
* Discriminates against others on the basis of race, religion, sex, sexual orientation, age, disability, or nationality;
* Could be classified as hate speech;
* Is illegal;
* Discloses the private health or sexual information of you or any other person;
* Contains information you do not have a right to make available under any law or under contractual or fiduciary relationships.
In listening to our audio cards, you understand and agree you may be exposed to audio that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree Podcard shall not be liable for any damage you suffer or allege to suffer as a result of using our products. In the event your audio is alleged to be offensive, inappropriate for children, unlawful, or otherwise in breach of these terms and conditions, you agree Podcard may disclose this audio to law enforcement or other government authorities.
Podcard reserves the right (but not the obligation) to reject or edit audio contributions and/or cancel orders where the customer or contributor fails to perform their obligations under these terms and conditions.
6. PRICE
Prices are as listed on the Podcard website at the time of purchase. These prices are exclusive of GST. Podcard reserves the right to modify our prices at any time, and/or increase prices in cases where modifications requested by a customer give rise to additional costs.
7. PAYMENT
Podcard accepts payment via our online store with Visa, Mastercard and American Express cards. Payments made through the online store are processed with Stripe. Full payment is required upon placement of order. No orders will be delivered until your payment has cleared, and in the event that payment does not clear within 10 days of purchase, your order will be cancelled. Podcard does not offer terms of credit.
8. DELIVERY OF PODCARDS
We will notify you if a product is unavailable when we process your order and, if applicable, refund any payment made by you for orders we cannot fulfil. Orders are confirmed only when you receive a confirmation email from us specifying the date by which you can expect to receive your completed audio card (estimated delivery date). We endeavour to supply all products by the estimated delivery date but cannot guarantee products will be delivered by this date.
Audio cards are delivered as MP3 audio files sent to you via email. You are responsible for ensuring you are able to receive podcard emails via your email provider. Each MP3 file will be available for you to download for 7 days only. If you require your audio card to be available for download for a longer period, please contact us. Completed audio cards will be held on file for 30 days after delivery in case an audio card needs to be reissued. After 30 days, audio associated with your audio card may be deleted.
We use third-party services, including We Transfer and Sendinblue, to deliver our products. Podcard shall not be liable to you, or in breach of these terms and conditions, by reason of delay in delivery of audio cards, where the delay was due to any cause beyond our reasonable control, including a delay on behalf of these third party services or because your email provider was not able to accept delivery of our product.
9. PODCARD LENGTH AND AUDIO CONTRIBUTIONS
If you purchase a long audio card, but we receive fewer than 13 audio contributions, you will be eligible for a partial refund totalling the price of a long audio card minus the price of a short audio card.
If you purchase a short audio card, but we receive more than 12 audio contributions, you will be notified and offered the opportunity to either upgrade to a long audio card for an additional fee or select the 12 audio contributions you would like to include. If we do not hear back from you within 24 hours after notification, we will include only the first 12 messages we receive.
10. MUSIC
It is not possible to include commercial music, including covers of commercial music, in your audio card. In purchasing an audio card, you acknowledge the music included will be provided by us and will only be music for which we hold a license for use.
11. EXCLUDING & INCLUDING AUDIO CONTRIBUTIONS
Podcard reserves the right to reject or edit audio contributions deemed by us to be inconsistent with the submission requirements detailed in clause 5.
Podcard also reserves the right to exclude any audio contribution on the basis of quality. To ensure each audio card is of the highest quality, Podcard reviews audio contributions to check that the content meets Podcard’s minimum audio requirements. Audio contributions that are not in the correct format, contain clipped or distorted audio, background noise at a level that obscures the content, or levels that are too high or too low to be corrected with mastering software will not be included. In cases where an audio contribution is rejected by us, the customer will be notified, and the contributor will be given 24 hours to resubmit their message. To avoid messages being rejected, please ensure contributors review our instructions before uploading a message.
Podcard will take reasonable efforts to ensure that all messages of broadcast quality contributed for an audio card are included in the final mix.
12. CANCELLING ORDERS & REFUND POLICY
We need at least 14 days to fulfil an order. Podcard reserves the right to cancel your order if, when processing it, we find the date you wish to receive your completed audio card is less than 14 days from your date of purchase, or if we otherwise cannot deliver your audio card by that date. In such circumstances, we will notify you and attempt to negotiate a new date for delivery. We reserve the right to cancel your order if we are not able to negotiate a new delivery date with you. In these circumstances, your payment will be refunded.
We also reserve the right to cancel your order if we receive fewer than 7 audio contributions by the audio submission deadline. In such instances, you will be notified and offered the opportunity to either alter the project timeline to allow more time to collect audio contributions or cancel your order with a 50% refund.
You can cancel your order at any time by emailing us at hello@podcard.com. To be eligible for a 50% refund, cancellations must be made at least 48 hours before the estimated delivery date.
If you are dissatisfied with our product, please contact us at hello@podcard.com to discuss your concerns. We will be pleased to consider modifications or refund on a case by case basis, but the decision whether to grant this will be at our sole discretion. Any refund will be made using your original payment method or another method at our sole discretion.
13. COPYRIGHT & USER CONTENT LICENSE GRANT
Every effort has been made to identify the copyright holders of any music, or other content that may appear in our products, and licence such content. If you are concerned that your copyright or other intellectual property rights have been infringed, please contact us at hello@podcard.com.
By uploading an audio contribution to Podcard, you grant us a non-exclusive, worldwide, royalty-free, transferable, irrevocable and perpetual licence to use, reproduce, distribute, sublicense, prepare derivative works of and display your contribution in connection with Podcard (and its successors and affiliates), including without limiting the foregoing promoting and marketing of Podcard in any media formats and through any media channels.
14. OUR PROPRIETARY RIGHTS
All intellectual property rights in this website and Podcard’s services and content (including software, systems, text, graphics, trade marks and sound recordings) except for your audio contribution, are owned or licensed by Podcard. Except as expressly authorised herein, you may not use, adapt, reproduce, store, distribute, perform, publish, copy or create derivative works from any Podcard content without our written permission.
You are free to distribute, post and publish your audio card online if you credit Podcard and include a link to www.podcard.com. Podcard takes no responsibility and assumes no liability for any audio that you or any other party posts or publishes. Use of Podcard content for any purpose not expressly permitted by these terms and conditions is strictly prohibited.
15. THIRD-PARTY LINKS AND SERVICES
The website www.podcard.com may contain links to third-party websites that are not owned or controlled by Podcard. Podcard does not endorse, approve or assume any responsibility for any such third-party sites or any information, products or services referred to or contained on those linked websites. If you access a third-party website from Podcard, you do so at your own risk, and you understand these terms and conditions and Podcard’s privacy policy do not apply to your use of such sites. You expressly relieve Podcard from any and all liability arising from your use of any third-party website, service, or content.
16. PRIVACY POLICY
You understand that by using the website www.podcard.com, you consent to the collection, use and disclosure of your personal information as outlined in our Privacy Policy, which is incorporated into this agreement by reference.
We do our best to keep your personal information secure. However, we cannot guarantee, and do not warrant that, unauthorised third-parties will never be able to overcome our security measures or use your information for improper purposes. You acknowledge that any information you transmit to us is transmitted at your own risk.
17. INDEMNITY
You hereby indemnify and hold harmless Podcard, its agents, employees and contractors, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, expenses, actions and proceedings of any nature whatsoever arising from or incidental to:
* Your use of our website or audio cards, including any data or content transmitted or received by you;
* Any breach or non-performance of your obligations under these terms and conditions or your willful act, neglect or default in the performance of such obligations;
* Your violation of any third-party right, including without limitation any right of privacy, publicity or intellectual property right;
* Your violation of any applicable law, rule or regulation;
* Any claim or damages that arise as a result of the audio you submit to Podcard; or
* Any other party’s audio contributions that are submitted under your name and email address.
18. LIMITATION OF LIABILITY
To the maximum extent permitted by law, all warranties and conditions implied by law are hereby expressly excluded. In no case will Podcard, its agents or employees be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use, Podcard products and services. Under no circumstances will Podcard be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorised use of its services or your information contained therein.
Podcard does not accept liability for any losses arising directly or indirectly from:
* A failure to provide the Podcard service;
* Personal injury or property damage, of any nature whatsoever, resulting from your use of our products or services;
* Unauthorised access to or use of personal information stored on our systems;
* Interruption to the services provided via our website;
* Any bugs, viruses, trojan horses or the like that may be transmitted through our file delivery systems or our website by a third-party;
* Corruption to or loss of data, any suspension or discontinuance of the Podcard service;
* Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through Podcard; and/or
* Audio submitted by contributors, or the defamatory, offensive, or illegal conduct of any third-party.
19. GOVERNING LAWS
These terms and conditions are governed by and construed in accordance with the laws of Victoria, Australia. The parties irrevocably submit to the exclusive jurisdiction of the courts of Victoria.
20. FEEDBACK
From time to time, we may invite you to contribute ideas about how we can improve our products and processes. By contributing comments or ideas, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Podcard under any fiduciary or other obligation, and that we are free to use the ideas now or into the future without any additional compensation to you.
21. DEALING WITH COMPLAINTS
Please contact us at hello@podcard.com to raise any issue you may have with Podcard’s services and products. You agree that this agreement and all disputes relating to it, or relating to Podcard’s services and products, will be exclusively resolved under confidential binding expert determination in Melbourne, Australia.
22. NO WARRANTY
Podcard products and services are provided on an ‘as is’ and ‘as available’ basis. Use of www.podcard.com is at your own risk. To the maximum extent permitted by law, our products and services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Without limiting the foregoing, Podcard, does not warrant that our products, which include contributor content, are accurate, reliable or correct; that our products will meet your requirements; that our service will be available at any particular time or location, uninterrupted or secure, that any defects or errors will be corrected, or that our products are free of viruses or other harmful components. Any content downloaded or otherwise obtained through Podcard is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or use of Podcard products.
23. CONTACT
Please contact us at hello@podcard.com with any questions regarding these terms and conditions.