Application Terms & Conditions

MOBILE APPLICATION TERMS AND CONDITIONS

3MBS Melbourne 103.5FM, a not-for-profit community radio station licensed by the Australian Communications and Media Authority (ACMA). 

3MBS Melbourne 103.5FM is the trading name of Music Broadcasting Society of Victoria Limited, a company registered in Australia with ABN 77 005 398 372 and principal place of business of 1 St Heliers Street, Abbotsford, Vic 3067 Australia. 

We may refer to ourselves as “we,” “us,” or “our” in these Terms, 3MBS Melbourne 103.5FM mobile Application (“App”) and related services are provided to you. By downloading, accessing, or using this App, you agree to comply with and be bound by these Terms & Conditions (“Terms”).  Artists and Ensembles ("Applicants") who use the our services provided through the app, such as recording and broadcast are bound by these terms.

Acceptance of Terms

By using this App, you confirm that you accept and agree to comply with these Terms. We may revise or update these Terms from time to time. Updates will be published via the App or our website. Continued use after such updates constitutes your acceptance.

Licence & Use Restrictions

We grant you a limited, non-exclusive, non-transferable, revocable licence to use the App for personal, non-commercial purposes only.
You must not:
(a)    Copy, reproduce, modify, distribute, or publicly display content from the App, unless explicit permission is given to do so.
(b)    Reverse engineer or attempt to derive source code from the App.
(c)    Use the App unlawfully or in violation of third-party rights.

Intellectual Property

All content available through the App — including broadcasts, logos, graphics, text, audio, images, and design — is owned by 3MBS Melbourne 103.5FM, its licensors, or content providers, and is protected by copyright, trademark, and other intellectual property laws.

Broadcasting Copyright

3MBS Melbourne 103.5FM is a community radio broadcaster licensed by ACMA, with a primary focus on broadcasting classical and jazz music.

We hold licences through APRA AMCOS for broadcast, online use, reproduction, and streaming of musical works, including:
⦁    Community Radio Broadcast.
⦁    Community Radio Other Online Use.
⦁    Community Radio Reproduction.
⦁    Community Radio Streaming.

We also hold licences through the Phonographic Performance Company of Australia (PPCA) for the broadcast and simulcast of recordings as part of our membership of the Community Broadcasting Association of Australia (CBAA). These include:
⦁    Broadcast Licence.
⦁    Simulcast Licence.

Recording Copyright

3MBS Melbourne 103.5FM provides audio and video recording services for artists and ensembles at selected venues and live-to-air studio performances.

Recording Releases

Artists/ensembles must sign a Recording Release Agreement, granting the station:

• A perpetual licence to broadcast the performance at our discretion, on FM, digital, online, as a simulcast, or by re-streaming.
• The right to share performances with members of the Fine Music Network, granting them the same perpetual broadcast rights.
• The right to archive recordings, use extracts in sponsorship material, publish on our website or printed publications, and use associated photos or video for promotional purposes.

Artists/ensembles and Applicant Warranty

The Applicant warrants that:
⦁    Permission has been obtained from the venue.
⦁    They are an authorised representative of the performer.

Applicant Right to Withdraw

Applicants may withdraw permissions only on the grounds of severe artistic error by notifying the Recordings Administrator at live@3mbs.org.au within 14 days of receiving the audition recording.
Electronic audition copies will be provided within 30 days of performance (or as soon as practicable). A CD or other storage media may be supplied where electronic delivery is not feasible.

Subscriptions

Subscriptions are valid for 12 months from the date of payment, unless otherwise specified.
Benefits may include printed/digital publications, event invitations, or exclusive discounts. These may vary and are subject to change. Subscriptions will not automatically renew unless clearly agreed at the time the subscription was undertake; or have been updated by you. You may be notified before expiry with the option to renew.

Donations

All donations are voluntary and non-refundable.
Donations of AUD $2 or more are tax-deductible in Australia. A receipt will be issued via email or your chosen correspondence.
Donations may be allocated to general operations or specific campaigns.

Payments

Payments for subscriptions, donations, and tickets are processed securely through our authorised third-party payment provider. 
You agree to provide accurate payment information and authorise us (or our payment processor) to charge the amount specified at checkout.

Cancellations & Refunds

Subscriptions may be cancelled at any time, but partial refunds are not available. Donations are Final and non-refundable.Ticket sales are final. Refunds or exchanges will only be offered if the event is cancelled or rescheduled.

Ticket Purchases & Events

All tickets are subject to availability and may include booking fees. Tickets are only valid for the specified event/time. Tickets will be delivered electronically via the App/email. It is your responsibility to ensure access to tickets on event day. Artists, programs, venues, and dates may change without notice. Entry may require proof of ticket, ID, or other documentation. Latecomers may not be admitted until a suitable break. Audience members must behave respectfully. Disruptive attendees may be removed. Unless otherwise specified, photography/video/audio recording at events is not permitted. By attending the event, you agree that the station may use your image/recordings for promotional use.

User Content & Conduct

If you submit content (“User Content”):

You are responsible for its accuracy and legality.

• You must not post unlawful, defamatory, obscene, or infringing material.
• You grant us a non-exclusive, royalty-free, worldwide licence to use it in connection with the App and our services.

Third-Party Links & Services

The App may link to third-party services (e.g. streaming, social media). We are not responsible for their terms, policies, or reliability.

Privacy

Use of the App is subject to our Privacy Policy, which explains how we collect, use, and protect your information. Our privacy policy is available at 
https://www.3mbs.org.au/privacy

Availability, Suspension & Termination

We do not guarantee uninterrupted operation of the App. We may suspend, modify, or terminate your access at any time, particularly for breach of these Terms.

Disclaimers of Warranty

The App and all services provided through it (including streaming, subscriptions, donations, ticketing, and broadcasting) are provided “as is” and “as available”. We make no warranties, express or implied, about the availability, accuracy, or reliability of the App or services. To the fullest extent permitted by law, all implied warranties (merchantability, fitness for purpose, non-infringement) are disclaimed. Nothing limits your rights under applicable consumer protection laws.

Governing Law & Disputes

These Terms are governed by the laws of Victoria, Australia. Disputes are subject to the jurisdiction of its courts.

Contact Us

3MBS Melbourne 103.5FM
Email: info@3mbs.org.au
Phone: +61 03 94161035
Address: 1 St Heliers street, Abbotsford, Vic 3067 Australia