Terms and Conditions

1. Acceptance of Terms

1.1 This website, mobile application, smart speaker application (such as Alexa Skills or Google Actions), and digital audio streaming service (Totally Radio Platforms) are owned and operated by Totally Media Pty Ltd (Totally Media, we, us, or our).

1.2 Please read these Terms and Conditions carefully before using or streaming via the Totally Radio Platforms. By accessing, browsing, listening to, or using the Totally Radio Platforms, you signify your agreement to be bound by these Terms and Conditions and our Privacy Policy.

1.3 If you do not agree with these Terms and Conditions, you must immediately cease using the Totally Radio Platforms.

1.4 Totally Media reserves the right, in its sole discretion, to modify, alter, or update these Terms and Conditions at any time without prior notice. Your continued use of the Totally Radio Platforms following any changes constitutes your agreement to be bound by the updated terms.

2. Intellectual Property & Restrictions on Use

2.1 All material on Totally Radio Platforms, including but not limited to live audio streams, on-demand audio, podcasts, text, logos, trademarks, station branding, graphics, photographs, audio clips, and software, is protected by copyright, trademark, and other intellectual property laws owned or controlled by Totally Media or by third parties who have licensed their material to us.

2.2 The Totally Radio Platforms are provided strictly for your personal, non-commercial use only. Use for any other purpose constitutes a breach of these Terms and Conditions and may violate domestic or international laws.

2.3 Unless explicitly authorized in writing by Totally Media, you must not copy, reproduce, republish, upload, post, transmit, rebroadcast, frame-embed, stream-ripping extract, or distribute in any way any material from the Totally Radio Platforms.

2.4 Modification of the materials or use of materials for any unauthorized purpose is a violation of Totally Media's copyright, trademark, and proprietary rights.

2.5 The "Totally Radio" logo, brand marks, and associated broadcast titles are registered or common law trademarks of Totally Media Pty Ltd. You must not display or use these marks in any manner without our prior written consent.

3. Access and Device Responsibility

3.1 By accessing the Totally Radio Platforms, you represent and warrant that you:

• Are accessing the services from within Australia or are authorized under local laws to access foreign broadcasts
• Own the computer, smartphone, smart speaker, tablet, or enabled device (Device) used to access the platform, or are authorized to use it
• Agree to be bound by these Terms and Conditions

3.2 You are solely responsible for all internet service fees, mobile data charges, or telecommunications costs associated with streaming audio via your Device. Totally Media accepts no liability for data overage charges or network connectivity issues incurred by your service provider.

3.3 You acknowledge that accessing audio streams over unsecured public Wi-Fi networks may expose your Device to security vulnerabilities. Totally Media provides no warranty or indemnity against malware, viruses, or security breaches arising from your network connection.

4. User Accounts and Security

4.1 Certain features of the Totally Radio Platforms (such as listener forums, newsletter subscriptions, or contest entries) may require you to create an account or submit personal information.

4.2 You warrant that all information provided to Totally Media is current, complete, and accurate. You are responsible for maintaining the confidentiality of your account credentials and passwords.

4.3 You are entirely responsible for all activities that occur under your account. You must notify Totally Media immediately of any unauthorized use of your account or security breach via onair@totallyradio.com.au.

4.4 Totally Media reserves the right to suspend, terminate, or restrict your access to any account or service at any time in its sole discretion if it suspects a breach of these Terms and Conditions.

5. User Conduct and Broadcast Submissions

5.1 When interacting with Totally Radio Platforms, including participating in live chat rooms, social media pages, feedback forms, competition entries, or voice note submissions, you agree that you will not:

• Post or transmit any content that is unlawful, defamatory, obscene, pornographic, violent, discriminatory, harassing, hateful, threatening, or invasive of privacy
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Post or transmit unsolicited advertising, promotional materials, spam, junk mail, or commercial solicitations
• Interfere with, damage, or disrupt the operation of the Totally Radio Platforms or server infrastructure
• Manipulate voting, contest entries, or rating features via automated scripts, macros, or bot code
• Post personal, private, or identifying information of any third party without their express consent

5.2 License to Submissions: Any audio, text, photos, video, commentary, or feedback submitted to Totally Radio (whether via website, app, voice recording, or social media) will be considered non-confidential. By submitting such material, you automatically grant Totally Media Pty Ltd a perpetual, royalty-free, non-exclusive, worldwide, irrevocable license to use, reproduce, modify, publish, broadcast, edit, translate, distribute, perform, and display the material across any media or broadcast format now known or hereafter developed.

5.3 Totally Media reserves the right to monitor, edit, remove, or void any user contributions, votes, or chat submissions that violate these terms, in its absolute discretion.

6. Competitions and Promotions

6.1 Any competitions, raffles, listener challenges, or promotional offers conducted via Totally Radio Platforms will be subject to specific Competition Terms & Conditions published at the time of the event.

6.2 In the event of any inconsistency between these Terms of Use and specific Competition Terms & Conditions, the specific Competition Terms & Conditions will prevail to the extent of the inconsistency.

7. Advertising and Commercial Services

Where Totally Media Pty Ltd enters into an agreement with a Client or Advertiser for the provision of radio advertising, digital banner ads, podcast sponsorships, or audio production services:

7.1 Bookings & Material: All commercial advertising bookings are subject to written acceptance by Totally Media. Advertisers are responsible for supplying approved script and audio material in accordance with technical specifications and deadlines.

7.2 Compliance: The Advertiser warrants that all advertising material complies with the Competition and Consumer Act 2010 (Cth), the Australian Consumer Law, Commercial Radio Australia Codes of Practice, and all relevant regulatory standards. The Advertiser warrants that content is not misleading, deceptive, or defamatory.

7.3 Production Intellectual Property: Unless otherwise agreed in writing, all scripts, voiceover recordings, audio edits, and creative concepts produced by Totally Media or its contractors remain the exclusive intellectual property of Totally Media Pty Ltd.

7.4 Payment: Unless credit terms have been formally extended in writing by Totally Media, all advertising fees must be paid in cleared funds prior to the first broadcast date.

8. Third-Party Links and Services

8.1 Totally Radio Platforms may contain links to websites, applications, or content operated by third parties (Linked Sites).

8.2 Linked Sites are provided for your convenience only. Totally Media does not monitor, control, endorse, or accept responsibility for the content, privacy practices, or accuracy of materials on Linked Sites. Accessing third-party sites is entirely at your own risk.

8.3 Any dealings with third-party vendors or advertisers found on or through Totally Radio Platforms (including payment and delivery of goods or services) are strictly between you and the third-party provider.

9. Disclaimer of Warranties

9.1 The Totally Radio Platforms and all audio materials, streams, and content associated therewith are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

9.2 To the fullest extent permissible pursuant to applicable law, Totally Media disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9.3 Totally Media does not warrant that the Totally Radio Platforms will operate uninterrupted, error-free, or without delay, that defects will be corrected, or that the platforms and servers are free of viruses or other harmful components.

10. Limitation of Liability and Indemnity

10.1 Limitation of Liability: To the maximum extent permitted by applicable law (including the Competition and Consumer Act 2010 and Australian Consumer Law), Totally Media Pty Ltd, its directors, officers, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential loss or damage (including lost profits, lost data, business interruption, or computer failure) arising out of or in connection with the use of, or inability to use, the Totally Radio Platforms.

10.2 Consumer Guarantees: Where legislation implies any consumer guarantee or warranty that cannot be lawfully excluded, Totally Media's liability for breach of such guarantee is limited, at its option, to supplying the services again or paying the cost of having the services supplied again.

10.3 Indemnity: You agree to unconditionally indemnify, defend, and hold harmless Totally Media Pty Ltd, its officers, directors, employees, and agents from and against all liabilities, claims, proceedings, losses, damages, costs, and expenses (including legal fees on a full indemnity basis) arising out of or related to your breach of these Terms and Conditions or your misuse of the Totally Radio Platforms.

11. Governing Law and Severability

11.1 These Terms and Conditions are governed by and construed in accordance with the laws in force in Queensland, Australia.

11.2 You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland and the Commonwealth of Australia for resolving any disputes arising out of these terms.

11.3 If any provision of these Terms and Conditions is found to be invalid, void, or unenforceable by a court of competent jurisdiction, that provision shall be severed to the extent necessary, and the remaining provisions shall continue in full force and effect.

12. Contact Information

If you have any questions or feedback regarding these Terms and Conditions, please contact us at: