TERMS OF SERVICE

Last Updated: 12 May 2026

Introduction

Agreement to Terms

These Terms of Service (Terms) govern the use of the websites located at w2d1.media and dayone.fm (the Websites), owned and operated by W2D1 Media Pty Ltd (ABN 59 643 564 050) (W2D1 Media, we, us, or our). By accessing or using the Websites, you agree to be bound by these Terms. If you do not agree to these Terms, you must cease using the Websites immediately.

Scope of Application

These Terms apply to all users of the Websites, including:

General visitors browsing the Websites;

Prospective and current podcast production clients;

Prospective and current sponsors or advertisers; and

Podcast hosts or creators interested in or affiliated with the Day One FM network.

Relationship with Commercial Agreements

Priority of Agreements

W2D1 Media provides professional services including podcast production, strategy, consulting, management, and network distribution. These services are typically governed by separate, bespoke written contracts, such as:

Service Agreements (for production and consulting clients);

Sponsorship Agreements (for advertisers); and

Host or Network Agreements (for podcast creators joining the Day One FM network).

Inconsistency

If there is any inconsistency between these Terms and a specific signed commercial agreement between you and W2D1 Media, the terms of the signed commercial agreement will prevail to the extent of the inconsistency. These Terms govern your preliminary use of the Websites and provide the baseline legal framework for our digital interactions where no specific agreement is yet in place.

Services and Content

Description of Services

The Websites provide information regarding our podcasting agency services (W2D1 Media) and our podcast network (Day One FM). Services described include, but are not limited to, recording, editing, publishing, guest booking, show notes creation, and distribution strategy.

No Professional Advice

The content on the Websites and within the podcasts hosted on the Day One FM network is provided for general informational and entertainment purposes only. It does not constitute financial, legal, investment, or other professional advice. You should seek independent professional advice before making any decisions based on the content found on our Websites or in our podcasts.

Third-Party Opinions

The Websites and the Day One FM network feature content from various guests, third-party hosts, and external commentators. The views and opinions expressed by these individuals are their own and do not necessarily reflect the official policy or position of W2D1 Media. We are not responsible for, and do not endorse, any opinions expressed by third parties.

Intellectual Property

W2D1 Media Ownership

Unless otherwise indicated, W2D1 Media owns or licences all rights, title, and interest (including copyright, designs, patents, trademarks, and other intellectual property rights) in the Websites and in all of the material (including all text, graphics, logos, audio, and software) made available on the Websites (Content).

Limited Licence

We grant you a non-exclusive, royalty-free, revocable, and non-transferable licence to use the Websites and view the Content for your personal, non-commercial use. Any other use, including the reproduction, modification, distribution, or republication of the Content, without our prior written consent, is strictly prohibited.

Client and Host Content

Intellectual property rights in specific podcast episodes, series, or branding produced for clients or hosted on the Day One FM network are determined by the individual Service Agreement or Host Agreement executed between the parties. W2D1 Media does not make a blanket claim of ownership over client-produced content via these Terms; such rights are reserved and transferred only as specified in a signed commercial contract.

Website Use and Restrictions

Prohibited Conduct

You must not:

Use the Websites in any way that causes, or may cause, damage to the Websites or impairment of the availability or accessibility of the Websites;

Use the Websites in any way which is unlawful, illegal, fraudulent, or harmful;

Use the Websites to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, or other malicious computer software; or

Conduct any systematic or automated data collection activities (including scraping, data mining, data extraction, and data harvesting) on or in relation to our Websites.

No User Accounts

The Websites do not currently require or provide user accounts, member login areas, or private portals. All information provided on the Websites is public-facing.

No Payment Processing

W2D1 Media does not process payments directly through the Websites. All financial transactions and billing for services are handled via separate invoicing and payment systems as agreed in your commercial contract.

Privacy

Your use of the Websites is also governed by our Privacy Policy, which is available on our Websites. Our Privacy Policy explains how we collect, use, and protect your personal information.

Limitation of Liability

Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy conferred by the Australian Consumer Law (being Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other applicable law that cannot be excluded, restricted, or modified by agreement.

General Limitation

To the maximum extent permitted by law, including the Australian Consumer Law:

W2D1 Media makes no warranties or representations about the Websites or the Content, including but not limited to warranties that they will be complete, accurate, or up-to-date, or that access will be uninterrupted or error-free;

We are not liable to you or anyone else for any loss or damage (including indirect, special, or consequential loss) arising out of or in connection with your use of the Websites, the Content, or any third-party links; and

Our liability for breach of a non-excludable condition or warranty is limited, at our option, to the resupply of the services or the cost of having the services supplied again.

Indemnity

You agree to indemnify and hold W2D1 Media harmless from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your breach of these Terms or your misuse of the Websites.

Changes to Terms

We may modify these Terms from time to time. We will provide reasonable notice of any material changes by posting the updated Terms on the Websites. Your continued use of the Websites following such notification will represent an agreement by you to be bound by the Terms as amended.

General Provisions

Jurisdiction

These Terms are governed by the laws of New South Wales, Australia. You submit to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings in connection with these Terms or the Websites.

Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms, which will continue in full force and effect.