Songbird Serenade Terms and Conditions

The Songbird Serenade platform is owned by Songbird Serenade ABN 12 694 953 560

By accessing or using the Songbird Serenade platform (Site) , you agree to be bound by these Terms and Conditions (Terms). If you object to anything in, or otherwise do not agree to, in these Terms you are not authorised to use the Site. You must not use the Site in any way other than in accordance with these Terms.

Platform summary:
• Songbird Artist Profiles provide descriptions of performers (Songbirds) and their services and are listed on the Site. Nursing Homes, Retirement Villages and Senior Services Providers (Clients) can browse the Site and use the Site to book appointments for Songbird Services.
• The Site provides booking platform for Songbird Services. By accessing the Site, Users acknowledge that Songbirds are contracted by Songbird Serenade. Any agreement entered into between a Client and Songbird Serenade is solely between that Client and Songbird Serenade.

The contract
• These Terms form a binding legal agreement between Songbird Serenade and each Person, Organisation or Entity using the Services (referred to as a User). By using the Site, each User agrees to comply with, and be legally bound by these Terms. Please read the Terms carefully. If there are any questions, please contact Songbird Serenade using the contact details at the end of these Terms. The User’s use of the Site indicates that:
• the User has had sufficient opportunity to access the Terms & Conditions and contact Songbird Serenade;
• the User has read, accepted and will comply with the Terms & Conditions; and
• the User is 18 years or older, or if younger than 18 years, the User has the approval of his or her parent or guardian.
If this is not correct, or if the User does not agree to these Terms, the User is not permitted to use the Services.
• Songbird Serenade may amend these Terms from time to time, and will give the User 14 days’ notice of the varied Terms. Use of Songbird Serenade’s Services and or Site following any such amendments will be deemed to be confirmation that the User accepts those amendments. If a User has reasonable grounds to believe that the varied Terms will be detrimental to their rights, the User may discontinue using Songbird Serenade’s Services, without penalty.

Online Services Registration, Accounts and Profiles
• Users (Songbirds and Clients) can create accounts (Accounts) and profiles (Profiles) on the Site. Information such as an email address and a username are required to create Accounts and Profiles.       
• Clients and Songbirds are not required to pay fees to use the Site or create Accounts and Profiles.

Standard Entertainment Industry Agreement
• All successful Songbird applicants agrees into a Standard Entertainment Industry Agreement with Songbird Serenade acting as their Performer Representative in accordance with the Entertainment Industry Act 2013 and as outlined in an individual written contract between Songbird & Songbird Serenade. A performer representative provides work to a performer for financial benefit, under an Entertainment Industry Agreement (Previously performer representatives were known as agents or managers). Songbird Serenade will charge 15% commission for all services booked through Songbird Serenade and/or via the Site. Payment received on behalf of a Songbird will be disbursed as directed by the Songbird within 14 days of being received. This agreement will be agreed upon in writing. Songbird Serenade will keep accounting records that disclose at all times the true position concerning money received on behalf of a Songbird and be kept at the principal place of business of the performer representative. Songbirds Serenade will provide and Industry Relations Fact Sheet For Performers, and Industry Code Of Conduct when Songbird Applicant is accepted as a Songbird.  All Songbirds must hold current Public Liability Insurance Certificate of Currency (CoC), and National Police Check (NPC) (valid within the last three years), and all required vaccinations required to work with vulnerable community members before being accepted as a Songbird. It is the sole responsibility, financial or otherwise, of the individual Songbird to maintain these documents. These documents are to be emailed by the individual Songbird to contact@songbirdserenade.com.au as they are renewed. Failure to do so will result in revocation of the Songbird’s concert bookings through the Site and scheduled to another compliant Songbird.

Fees and Charges

TRAVEL FEE:
More than >25km’s from starting point additional flat fee: $25
More than >35km’s from starting point additional flat fee: $35
More than >50km’s from starting point additional flat fee: $50

SONGBIRD STARTING POINTS:
Each songbird’s starting point is the suburb in which they live. These starting points are outlined in each Songbird’s Artist profile.

Cancellation Policy
Service cancelled same day of the scheduled concert: full fee will be charged.
Service cancelled day before/24 hours notice: 50% fee charge.
Service cancelled with 48 hours notice: no charge.
Any Client or Songbird that wishes to cancel any appointment, delete an Account or Profile may do so by contacting Songbird Serenade in writing by using the contact details provided at the bottom of these Terms.

Change of representation
• Songbird Serenade will not provide a refund to Client after services have been rendered. Songbirds must contact Songbird Serenade in writing, including mail or via email, to request cancellation of representation or change of circumstance.

Leaving Reviews
• Songbirds and Clients may leave reviews of Songbird Serenade or individual Songbirds, collectively referred to as “Reviews”. Reviews may be made public on the Site until the relevant User’s Account is cancelled by the relevant User or otherwise terminated or deleted. Each Home and Songbird that posts a Review must provide true, fair and accurate information in their Review.
• If, in Songbird Serenade’s reasonable assessment, a Review is unfair, inaccurate, offensive or inappropriate, Songbird Serenade may delete the Review or ban the relevant User from using the Services. Songbird Serenade does not review every Review posted on the Site and to the fullest extent permitted by law, Songbird Serenade is not responsible for the content of any Reviews on this Site or any Social Platforms. Users acknowledge and agree that they are not permitted to post posts which contain foul language, illegal material, defamatory comments, business advertisements, spam, religious debates, comments which incite fear, and/or any form of abuse, insults or personal attacks.

Intellectual Property
• All logos, slogans, content, designs, drawings, graphics, images, appearance, videos, ideas, databases, codes, documents, domain names, confidential information, copyright, registered or unregistered trade marks, trade names, patent, know-how, trade secrets and any other intellectual or industrial property whether such rights are capable of being registered or not (collectively Intellectual Property), including but not limited to copyright which subsists in all creative and literary works displayed via the Site is owned, controlled or licensed to Songbird Serenade (or its affiliates and/or third party licensors as applicable).
• The User agrees that, as between the User and Songbird Serenade, Songbird Serenade owns or holds the relevant license to all Intellectual Property rights in the Services, and that nothing in these Terms constitutes a transfer of any Intellectual Property. The Intellectual Property and Services are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary whether such rights are capable of being registered or not, and also may have security components that protect digital information only as authorised by Songbird Serenade or the owner of the content.
• Some Intellectual Property used in connection with the Services are the trademarks of their respective owners (collectively Third Party Marks).
• Songbird Serenade’s Intellectual Property and Third Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Songbird Serenade or the applicable trademark holder or Intellectual Property owner.
• Users of the Site do not obtain any interest or license in the Intellectual Property or Third Party Marks without the prior written permission of Songbird Serenade or the applicable Intellectual Property owner. Users may not do anything which interferes with or breaches the Intellectual Property rights.

User Agreement
• Subject to these Terms & Conditions, Songbird Serenade grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Services for its own personal and/or non-commercial use only on a computer or mobile device owned or controlled by the User as permitted in accordance with these Terms (User License), and not to use the Services in any other way or for any other purpose, apart from local fair dealing legislation in accordance with the Copyright Act 1968 (Cth). All other uses are prohibited without Songbird Serenade’s prior written consent.
• The right to use the Services is licensed to the User and not being sold to the User. A User has no rights in the Services other than to use it in accordance with these Terms.
• These Terms and the User License governs any updates to, or supplements or replacements for the Services, unless separate Terms accompany such updates, supplements or replacements, in which case the separate Terms will apply.

Prohibited activities on the Site
• Each User should report to Songbird Serenade, any activities or requests of Users which are, or which the User reasonably believes to be:
◦ suspicious;
◦ inconsistent;
◦ illegal; or
◦ likely to have a negative effect on the reputation of Songbird Serenade, the Services and/or a User.
• Each User represents and warrants that any content that it provides and Profile that it posts:
◦ will not breach any agreements it has entered into with any third parties;
◦ will be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any User in its local area and country; and
◦ will not conflict with the rights of third parties.
• For the avoidance of doubt, Songbird Serenade assumes no responsibility for a User’s compliance with any applicable laws, rules and regulations, including but not limited to zoning or planning laws, liquor licensing laws or rules set out by the Australasian Performing Right Association.
• Songbird Serenade reserves the right, at any time and without prior notice, to remove or disable access to any Account and/or Profile for any reason, including Accounts and/or Profiles that Songbird Serenade, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Services.
• The User will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services, or Intellectual Property.
• The User is solely responsible for compliance with any and all laws, rules, regulations, including but not limited to tax obligations or property zoning laws that may apply to his or her use of the Services.
• The User must not post, upload, publish, submit or transmit any content that:
◦ infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy;
◦ is fraudulent, false, misleading or deceptive;
◦ denigrates Songbird Serenade, the Services or an Songbird or a Home;
◦ violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
◦ is defamatory, obscene, pornographic, vulgar, offensive, promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
◦ is violent or threatening or promotes violence or actions that are threatening to any other person; or
◦ promotes illegal or harmful activities or substances.
• In connection with the User’s use of the Services, the User may not and agrees that it will not:
◦ use the Services for any commercial or other purposes that are not expressly permitted by these Terms;
◦ post any Review or upload any content (including but not limited to User Content) that is offensive, contains nudity or inappropriate language, contains racial or religious ranting or discrimination or defames another User, Profile;
◦ submit any false or misleading information;
◦ as a Songbird, offer any performances that he or she does not genuinely intend to provide;
◦ as a Home, make any booking for an Artist that he or she does not genuinely intend to arrange, or contact an Songbird without genuine intentions;
◦ violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
◦ copy, store or otherwise access any information contained on the Site or content for purposes not expressly permitted by these Terms;
◦ infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
◦ use the Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
◦ use the Services in connection with the distribution of unsolicited commercial email, i.e. spam or advertisements;
◦ stalk or harass any other user of the Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a User on the Site;
◦ use, display, mirror or frame the Site, or any individual element within the Services, Songbird Serenade’s name, any Songbird Serenade trademark, logo or other Intellectual Property, or the layout and design of any page or form contained on a page, without Songbird Serenade’s express written consent; or
◦ advocate, encourage, or assist any third party in doing any of the above.

User Content
• Users are permitted to post, upload, publish, submit or transmit relevant information and content (User Content). By making available any User Content or any Intellectual Property on or through the Services, the User grants to Songbird Serenade a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use the User Content and Intellectual Property, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content and Intellectual Property on, through, or by means of the Services.
• The User agrees that it is solely responsible for all User Content and Intellectual Property that it makes available through the Services. The User represents and warrants that:
◦ it is either the sole and exclusive owner of all User Content and Intellectual Property that it makes available through the Services, or that it has all rights, licenses, consents and releases that are necessary to grant to Songbird Serenade the rights in such User Content or Intellectual Property, as contemplated under these Terms; and
◦ neither the User Content nor the posting, uploading, publication, submission or transmittal of the User Content or Songbird Serenade’s use of the User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other Intellectual Property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
• Songbird Serenade may at its sole discretion remove any User Content that is offensive or in breach of these Terms.

Disclaimers:
• Songbird Serenade does not guarantee that Songbirds will gain employment opportunities, or that a Home will be able to find suitable or desirable Songbird. Songbird Serenade does not guarantee that a Songbird will receive bookings via the Site.
• To the fullest extent allowable under applicable law, Songbird Serenade disclaims all warranties, representations and conditions, whether express or implied, including any warranties, representations and conditions that the Services are free of defects or errors.
• Songbird Serenade excludes all express and implied conditions and warranties, except for any of the User’s statutory rights, to the fullest extent permitted by law, including but not limited to:
◦ Songbird Serenade expressly disclaims any implied or express guarantees, warranties, representations or conditions of any kind, which are not stated in these Terms;
◦ Songbird Serenade does not warrant that the Services, content on the Site (including pictures, videos, sound clips, resumes, links etc.), or the User’s access to the Services will be error free, that any defects will be corrected or that the Site or the server which stores and transmits material to the User is free of viruses or any other harmful components; and
◦ Songbird Serenade will not be liable for any loss, damage, costs or expense whether direct, indirect, incidental, special, consequential and/or incidental, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal, bodily injury, death or emotional distress, loss of revenue, production, opportunity, access to markets, goodwill, reputation, use or any indirect, remote, abnormal or unforeseeable loss, or any loss or damage relating to business interruption, loss of programs or other data on the User’s information systems or costs of replacement goods, or otherwise, suffered by the User or claims made against the User, arising out of or in connection with the Services, content on the Site, any Profile or the Terms, even if Songbird Serenade was expressly advised of the likelihood of such loss or damage.
• The User agrees not to attempt to impose liability on, or seek any legal remedy from Songbird Serenade with respect to such actions or omissions.

Indemnity
• Each User agrees to defend and indemnify and hold Songbird Serenade (and Songbird Serenade’s parent, related bodies corporate, officers, directors, contractors, employees and agents) harmless from and against any claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to the User’s use of or access to the Site; any breach by the User of these Terms; any wilful, unlawful or negligent act or omission by the User; and any violation by the User of any applicable laws or the rights of any third party.
• Songbird Serenade reserves the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defences.
• This defence and indemnification obligation will survive these Terms and the User’s use of the Services. These Terms, and any rights and licenses granted here under, may not be transferred or assigned by the User, but may be assigned by Songbird Serenade without restriction.

General
• While Songbird Serenade will endeavour to keep the information up to date and correct, Songbird Serenade makes no representations, warranties or guarantee, express or implied, about the completeness, accuracy, reliability, suitability or availability of any information, images, products, services, or related graphics contained on the Site for any particular purpose. The User hereby acknowledges that such information and materials may contain mistakes, inaccuracies or errors and Songbird Serenade expressly excludes any liability for such to the fullest extent permissible by law.
• Each User acknowledges and agrees that, in the event Songbird Serenade reasonably suspects that there are fraudulent activities occurring within or via the Site, Songbird Serenade reserves the right to immediately terminate any Accounts involved in such activities, contact the relevant authorities and provide all necessary information to assist in proceedings and investigations.
• Songbird Serenade will not be liable for any delay or failure to perform its obligations under the Terms if such delay is due to any circumstance beyond its reasonable control.
• Any notice in connection with the Terms will be deemed to have been duly given when made in writing and delivered or sent by email or post to the party to whom such notice is intended to be given or to such other address or email address as may from time to time be notified in writing to the other party.
• Assignment: A User must not assign any rights and obligations under the Terms whether in whole or in part without Songbird Serenade’s prior written consent.
• Severability: If any of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
• Any dispute arising out of any User’s use of the Site is subject to the laws of New South Wales, Australia, and subject to the exclusive jurisdiction of the New South Wales courts. Songbird Serenade makes no representation that the content of the Site complies with the laws (including intellectual property laws) of any country outside Australia.  If a User accesses the Site from outside Australia, he or she does so at his or her own risk and he or she is responsible for complying with the laws in the place where he/she accesses the Site.
• These Terms and Conditions and any document expressly referred to in them represent the entire agreement between Songbird Serenade and each User, and supersede any prior agreement, understanding or arrangement between Songbird Serenade and each User, whether oral or in writing.

updated 26th September 2024

For questions and notices, please contact:
Songbird Serenade
ABN 12 694 953 560
18/63 Unwins Bridge Road,
Sydenham, NSW 2044
contact@songbirdserenade.com.au