Additional Terms
TERMS OF SERVICE
Hello and welcome to Unique Creative Studio. We're so happy to have you as a customer. These are our Terms of Service (“Terms”), which apply to all customers of Unique Creative Studio [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 a nominated business or group, following completion of an order form through our website or via email. Payments must be made up front prior to us commencing your order.
Once we receive the completed acknowledgement and order form, we will arrange for one of our artists to create the song for you.
Business & Workplace Custom Songs
Authority to Place Orders and Provide Information
Where a custom song is ordered for a business, workplace or team, the person placing the order confirms that they are authorised to do so on behalf of the business or organisation.
The customer confirms that they have the right to provide the names, nicknames and descriptive information relating to staff members or team members for inclusion in the custom song. We rely on the information supplied by the customer and are not responsible for verifying that information or obtaining individual staff consents.
Use of Names and Personal Information
Business and workplace songs may include first names, nicknames or general references to staff members as provided by the customer.
The customer warrants that any personal information provided has been supplied in accordance with applicable Australian privacy laws and with appropriate internal permissions.
Content Standards
We create positive, inclusive and workplace-appropriate content.
We do not include swearing, sexual content, discriminatory language, offensive references or material that may be inappropriate for a professional or workplace setting.
We reserve the right to decline, edit or adjust any requested content that does not align with these standards.
Recording, Filming and Sharing of Songs
We provide an audio song only. We do not create, direct, participate in or control any video, audio recording or photography of the song being played.
Any decision to record, film, photograph, share or publish the song or reactions (including on social media or internal platforms) is solely the responsibility of the customer.
The customer is responsible for obtaining any required consents from staff members in relation to recording, filming or sharing content.
Limitation of Responsibility
We are not responsible for any workplace, employment, privacy or consent issues arising from the use, recording or sharing of a custom song after delivery. Our responsibility is limited to supplying the custom song in accordance with the agreed order.
Time Frame
Refer to the home page on our website, as depending on demand, the time frame for delivery can vary.
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 tastes 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.
The content is suitable for the intended audience, including workplace or professional environments where applicable.
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 with 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 personal or internal business only.
Please contact us immediately at admin@uniquecreative.studio 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 admin@uniquecreative.studio within 48 hours.
Please maintain the confidentiality of your login and password for your account (where applicable)
You must not reproduce, duplicate, copy, sell, re-sell or exploit the song in any way.
Please ask for 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 us 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; therefore, we handle these situations individually. We do, however, guarantee the following:
A high-quality recording;
In-tune vocals, and
Lyrics that incorporate the information that has been provided
If we fail to deliver these, and you notify us within 48 hours 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 admin@uniquecreative.studio
Where any photos, videos or testimonials include staff members or other individuals, you confirm that you have obtained any necessary permissions prior to providing that content to us.
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.
Nothing in these Terms excludes, restricts or modifies any consumer guarantees, rights or remedies under the Australian Consumer Law.
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 made 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 from using our Website and Services and stop you from 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 that 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.