Additional TERMS

TERMS OF SERVICE

Hello and welcome to Rainbow Rhymes! We're so happy to have you as a customer. These are our Terms of Service (“Terms”) which apply to all customers of Rainbow Rhymes [ABN 83315880207] (“we, us, our”). By using our Website and Services, you're agreeing to these Terms together with any other terms and conditions and policies we publish or link to (together an “Agreement”). “You” could be any client or customer of ours. If you do not agree, unfortunately you cannot purchase any of our Products online. 

BEFORE PURCHASE

Things you need to do before purchasing Products on our Website

Before you buy anything from our Website, there are a few things you should know: 

  • you need to be over 18 years old or have parental consent;

  • please give us complete and accurate information to us, and promptly inform us if anything changes;

  • you need to use any special offers, gift codes or coupons at the time of purchase; they can't be applied after the fact; 

  • you want to ensure you have adequate technology set up and internet access to receive any digital products; and

  • once you place an order, we may not be able to cancel it, as it will have been processed and paid for by us.

How it works

Our products are songs created specifically for you or your child, following completion of an order form through our website. Payments must be made up front prior to us commencing your order. Our artists will complete your order by recording a song as per your request and send you a link which will include your song downloadable in mp3 format and a downloadable lyrics. Additional if you purchased the Lyric Video that also will be available via this link. These will be removed from our website within 60 days. The beat is chosen by you as the instrumental part of the song. The video is a standard video for all orders but will include the specific lyrics for the song. 

Time Frame

On our homepage we have indicated a current time frame for delivery of your Rainbow Rhyme. However, due to demand, this time frame may change. We will advise you if there is a delay beyond that shown on our homepage as soon as we are able to. If you are purchasing a Rainbow Rhyme for a special occasion, we recommend that you give as much notice as possible.

Acknowledgements you make when purchasing on our Website

Whilst we aim to do our best, please be aware that there may be:

  • occasional errors or omissions in descriptions, prices, availability, and promotions;

  • technical problems accessing the songs; and

  • some sales that are limited to certain regions or groups of people.

Except as required by law, we cannot guarantee the accuracy of the information, or the availability of our Products. We do not guarantee your satisfaction as people’s taste are subjective. 

Acknowledgements you make in relation to Content and Intellectual Property

When you engage us to prepare a song you may provide us with various Content. When you provide us with Content you agree that you own all copyright pursuant to the Copyright Act 1968 in the Content, or you have the necessary third-party licenses to copyright. 

You warrant that:

  • the Content does not breach any third-party Intellectual Property Rights or any third-party rights in any way including any contract or proprietary rights; and

  • the Content does not contain anything malicious, libellous, defamatory or any illegal material.

When providing Content, you grant us: 

  • a worldwide, royalty-free, perpetual, non-exclusive licence to use, display, reproduce, modify, adapt, publish distribute, perform, promote, translate, and create derivative works and compilations in whole or in part. This license applies in respect to any media or technology known now or later developed; 

  • the right to use any part or all of the Content in all formats for the purposes of promotion and advertising without royalties; and

  • all associated rights in the Content, including audio rights, electronic rights, broadcast rights, and for any purpose related to the website without royalties.

When you submit Content to us you waive any right to any payment, royalties, or other compensation arising or related to the use of the Content now or in the future; and any moral rights as defined in the Copyright Act 1968.

Where any Content you provide contains personal information as defined under the Privacy Act 1988, the personal information must already lawfully be in the public domain, and/ or you have express consent to use that personal information from the relevant person. For more information on how we deal with any personal information in particular, please see our Privacy Policy here. 

All the Intellectual Property Rights in the Products are otherwise owned by or licensed by us. We grant you a non-exclusive, non-transferable, royalty-free, revocable licence to use the Products for your sole personal use only.

Please contact us immediately at info@rainbowrhymes.com.au if you have any concerns in relation to copyright, or personal information. 

AFTER PURCHASE

Things you need to know after purchasing on our Website

After purchasing something from our Website, there are a few more things you should know:

  • please follow our instructions in relation to the song;

  • if you have any issues with the song; if you cannot download or access a song, please contact us by email at info@rainbowrhymes.com.au within 48 hours;

  • please maintain the confidentiality of your login and password for your account;

  • you must not reproduce, duplicate, copy, sell, re-sell or exploit the song in any way;

  • please ask our prior written consent before publishing information about us; and

  • if there is a dispute, please keep all communications confidential.

REFUND AND REVISION POLICY

Each song created by Rainbow Rhymes is specifically created for each order and cannot be replicated for another customer, therefore, we do not offer refunds,

If you wish to cancel your order, you can do so within 24 hours of placing it, which is subject to a 30% service and processing fee.

We understand that music can sometimes be subjective, and the customer may not be fully satisfied and therefore we handle these situations individually. We do however guarantee the following:

  • A high-quality recording;

  • In-tune vocals, and

  • Lyrics which incorporate your child’s information which has been provided

If we fail to deliver these, and you notify us within one week of receiving the song, we will address and review the issue. However, if the requested revision or revisions are based on personal taste or preference, depending on the extent of the requested changes, a fee may apply to compensate the Artist for their time.

Things we’d love you to do after purchasing on our Website

We love hearing from our customers and seeing their experiences with our Products. If you have any photos, videos, testimonials, and/or case studies we'd be thrilled if you would share them with us. We might even use them for marketing and information purposes, publications, exhibitions, and professional awards across print or digital mediums, including our social media channels.

However, please note that by providing us with photos, videos, testimonials, and/or case studies you assign copyright ownership to us. This includes all copyright and any other rights under the Copyright Act 1968 and the right of reproduction either wholly or in part. If you provide Content but subsequently want to revoke permission to use it, it is your responsibility to notify us immediately at info@rainbowrhymes.com.au.

OTHER MATTERS YOU SHOULD BE AWARE OF

We may change information on our Website and store

Except as required by law, we may change availability, Product information, prices, promotions, and any other information on our Website.

We comply with the Australian Consumer Law

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure. 

Except as required by law we do not warrant the quality of the Products or warrant that they will meet your expectations. We do not provide refunds for changes of mind, where a problem with the Products is due to failure to comply with our instructions, or where you fail to provide us with adequate information.

If we need to cancel your order, we will provide a refund

We have the right to refuse, limit or cancel any order for our Products, including, but not limited to, where any order appears to be by resellers or distributors without permission.

We can refuse to serve you and sell Products at any time

We may stop providing our Website and Services at any time. We may also stop you using our Website and Services and stop you purchasing any of our Products if you breach this Agreement.

LIABILITY AND INDEMNITY 

To the maximum extent permitted by law, we are not liable for any Loss or Damage arising from your use of our Website and Services or any Products purchased using the service, including, but not limited to, any errors or omissions, price changes or discontinued Products, your reliance on any of our information, any links to third party websites, any interruptions, any changes, suspension or termination of our Website and Services, or your use or misuse of any Product.

 To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:

  • the replacement of the products or the supply of equivalent products; or

  • the payment of the cost of replacing the products or of acquiring equivalent products.

In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Product you have paid for.

You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your breach of this Agreement, including but not limited to any breach of Intellectual Property Rights or any provision of Content. You indemnify us against any and all Loss or Damage which we may suffer as a result of any Claims arising out of or in connection with a breach of this Agreement, or the Content or its publication. 

 FORCE MAJEURE

Where there is a Force Majeure Event, we will not be considered in breach of this Agreement to the extent that our obligations are unable to be performed by such an event. We will not incur any liability to you for any Loss or Damage of any nature incurred or suffered in relation to any Force Majeure Event.

IF THERE IS A DISPUTE 

In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.

OTHER 

This Agreement is to be construed in accordance with the laws of VIC, Australia, and you and we submit to the jurisdiction of the courts of VIC, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals, and communications whether oral or written, between you and us. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right or enforce any provision in this Agreement does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this Agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in this Agreement survive termination of this Agreement.

DEFINITIONS 

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).
Agreement means these Additional Terms and all other terms and conditions and policies published or linked to on our website.
Claim means any claim, under statute, tort, contract or negligence, any demand, award, or costs.
Content means any information about the child or person you wish us to create the song about and any other content or information you provide to us. 

Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered. 

Loss or Damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs. 

Products means any product available through our Website and includes any digital products such as songs.
We, us, or our means Rainbow Rhymes [ABN 83315880207] and includes any of our employees, agents, partners, and contractors.
Website and Services means https://www.rainbowrhymes.com.au, and everything available on this website including, but not limited to, all Products and any services.

Work means all development work we undertake for you to create a customised song.