Terms of Service and Privacy policy

1 WHO, WHAT & WHERE
1.1 gigitone.com (“Site”) is owned & operated by Gigit Pty Ltd ABN 61 662 854 284 (“Gigit”). In this Terms of Service (“Agreement”), “us”, “we” and “our” refer to Gigit and references to “you” and “your” is to you, the end user. This Agreement is made in accordance with the laws prevalent in Sydney, Australia.
2 HOW IT WORKS
2.1 Gigit makes it easier for people to book & play music and/or entertainment events (“Gigs”).
2.2 The Site is an online platform that enables registered users of the Site (“Members”) to: (a) List and profile themselves as music artists available for Gigs (“Artists”);(b) List and profile themselves as venues, businesses or individuals interested in hiring Artists (“Bookers”);(c) Make bookings for Artists for Gigs (“Bookings”); and (d) Make and receive payment for Bookings including Gigit fees (“Fees”) using Stripe.com or such other online payment gateway the Site may adopt from time-to-time (“Payment Gateway”). (all together called the “Services”).2.3 You agree and accept that this is the way Gigit works: (a) Artists and Bookers connect on the Site;(b) The Booker makes the Booking for the Artist on the Site to play a Gig;(c) The Booker pays the Booking Fees and Artist Fees to Gigit via the Payment Gateway;(d) The Artist receives the Artist Fees via the Payment Gateway; and(e) Refunds are made in accordance with the Cancellation & Refund Policy in this Agreement.3 WHAT YOU AGREE TO WHEN USING THE SITE
3.1 By using the Site you agree to be bound by this Agreement. If you do not agree with the terms of this Agreement, you must immediately stop using the Site.
3.2 Until registered, you are an “unregistered user” and you do not have the authority, implied or express, to access the Services, and Gigit disclaims all liability in relation to your use of this site.3.3 We may change, update or otherwise amend this Agreement at our absolute discretion by giving your notice, which shall become effective the next time that you use the Services.3.4 You acknowledge & accept the Privacy Policy and any other terms or conditions found on the site.4 WHO CAN USE THE SITE & ACCESS THE SERVICES
4.1 You are granted a non-exclusive, limited, and revocable license to access the Site on the condition that:
(a) You are over the age of 18; (b) You only use the Site for lawful purposes;(c) You do not engage in any improper, indecent or offensive behaviour; (d) You are not breaking any local, state or federal law in your relevant jurisdiction (or the State of New South Wales in Australia) by accessing this Site; and (e) You will treat the Site and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us.5 REGISTRATION & MEMBERSHIP
5.1 To use the Services of the Site you must register as a Member. To become a Member, you must be:
(a) 18 years old (unless younger and approved in writing by Gigit); and (b) Capable of forming binding contracts. You warrant that you are capable of fulfilling the obligations that you enter into with other Members.5.2 You must provide us with accurate personal and contact information. You will only represent yourself and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.5.3 You must maintain your username & password to access the Site. It is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.6 BOOKINGS & GIGS
6.1 A Booking is made when an Artist agrees to play a Gig for a Booker. 6.2 Where Bookers do not hold a valid subscription, they must pay the Booking Fees and Artist Fees to Gigit for a Booking. No Bookings will be confirmed by Gigit until the applicable Fees are paid in full. 6.3 Where Bookers hold a valid subscription, they may make Bookings without payment of the Booking Fees and Artists Fees (subject to any account limitations), in which case Artist Fees shall only be payable by the Booker and released to the Artists upon completion of the Gig. For clarity, Bookings Fees are not payable in addition to Subscription Fees where the Booker holds an active subscription with Gigit as per clause 8 below. 6.3 Members that are parties to a booking agree to the Terms of the Gig in addition to the terms of this Agreement. In the extent of an inconsistency, the terms of the Terms of the Gigs shall prevail. 6.4 The Booking shall be complete when the Gig has been performed and all applicable Fees paid in accordance with this Agreement.
7 GIG TERMS
7.1 Each booking is subject to the Gig Terms as set out by Gigit from time-to-time. The Gig Terms also include any special conditions agreed to by the Members party to the Booking and includes any such things as: (a) Artist Fees;
(b) Start and finish times;(c) Duration;(d) Required/supplied equipment;(e) Insurance requirements; and(f) Special Conditions (such as food, drink, transfers, flights, expenses and other incidentals).7.2 Where a party believes another is in breach of the Gig Terms or this Agreement, they must inform the other party and Gigit in writing as soon as possible, and no longer than 48 hours before the gig and inside 24 hours after the gig completion7.3 If you claim to have or are required to have public liability insurance you must provide evidence of your cover to Gigit if so requested. Gigit reserves the right to not book Gigs where such evidence has not been supplied to Gigit.8 FEES
8.1 For each Booking, the Booker agree to pay Gigit as and when required on the Site and under this Agreement for:
(a) Artist Fees – at the rates and terms set by the Artist;(b) Booking Fees - at the rates and terms set by Gigit; and/or (c) Subscription Fees - at the rates and terms set by Gigit. (the “Fees”).8.2 Unless specified otherwise all Fees rendered are deemed inclusive of GST in accordance with the terms of this Agreement.8.3 Subscription Fees shall only be payable where the Booker elects to hold an active subscription with Gigit, in which case the Subscription Fees must be paid in accordance with clause 9.9 PAYMENTS, RECEIPTS & INVOICES Gigit accepts payments from major credit cards, and processes payments to any Australian bank account. 9.1 You agree to pay all Fees required under this Agreement.9.2 All Fees shall be paid to Gigit through the Site via the Payment Gateway.9.3 For active subscriptions, Subscription Fees are payable by Bookers monthly in advance on an ongoing basis via the Payment Gateway.9.4 Gigit will issue a tax invoice for any Booking Fees and Subscription Fees. Gigit will issue a receipt for all payments it receives.9.5 Where a Booker does not hold an active subscription and pays the Booking Fees and Artist Fees in advance in accordance with clause 6.2, Gigit will hold the Artist Fees it receives from Bookers on escrow until the Gig is complete.9.6 Gigit shall be entitled to release any Artist Fees it holds on escrow 2 business days after the Gig is completed, provided the Booker has not notified Gigit that the Artist cancelled or did not show.9.7 Where a Booker does hold an active subscription, then the Artist Fees shall be payable within 2 business days after the Gig is completed, and once payment is made by the Booker the Artist shall receive the agreed Artist Fee via the Payment Gateway.11 DISPUTE RESOLUTION POLICY
11.1 All Members agree to and accept the Gigit’s published dispute resolution policy (if any) as updated from time-to-time, or in accordance with this Agreement. Members must work in good faith to resolve disputes. Gigit accepts no liability for disputes between Members and reserves the right to require Members to resolve disputes directly.
12 NON-CIRCUMVENTION
12.1 The Booker and Artist jointly and severally agree that they will not circumvent the Site, nor use false information, in order to avoid or minimise paying the Booking Fees.
13 CONTENT
13.1 In respect of any content that you post on the Site, you warrant that it is: (a) Accurate (to the best of your knowledge); (b) Lawful;
(c) Compliant with this Agreement;(d) Virus free; and(e) Not false, defamatory, misleading or otherwise deceptive in any way.13.2 We make no warranties as to the accuracy of any content posted by users or Members and accept to liability for errors & omissions in general.13.3 We reserve the right to remove, amend, edit or in any other way change any post by any user or Member in our absolute discretion.13.4 By posting on the Site, you grant us a world-wide, non-exclusive, unlimited and irrevocable right to use, publish, market, advertise or otherwise promote the content you post.13.5 You indemnify us for any loss, damage or claim brought against us as a result of content you post on the Site.13.6 You warrant that you shall not upload any content that infringes any copyright, trademark or other intellectual property rights of any other entity and indemnify Gigit for any loss, damage or claim resulting from such.14 SITE AVAILABILITY
14.1 By using this site you acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.
14.2 We accept no responsibility for the unavailability of this Site, or any offers or services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.14.3 We make no guarantees, implied or express, as to the ongoing availability of the Site15 INTELLECTUAL PROPERTY
15.1 All content on the Site is the copyright of Gigit.
15.2 Without the express written permission of Gigit, you shall not: (a) Replicate all or part of the site in anyway; or (b) Incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.15.2 Gigit has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Gigit.15.3 You agree that by using the site you will not copy the Site or the services that it provides for your own commercial purposes. You agree and warrant that you will not solicit the Users and Members of the Site to join another competing site in anyway to stop using the Site in preference of using another site offering comparable services. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.16 THIRD PARTY WEBSITES & ADVERTISING
16.1 The Site may contain information & advertising from third-party businesses, people & websites (“Third-Parties”). You consent to receiving this information as part of your use of the Site.
16.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.17 FEEDBACK & RATINGS
17.1 A feedback and rating system may be available on the site to comment about events, Users & Members. You accept that your conduct as a user, Member, party to a transaction, attendee, date or other capacity (as applicable) could be discussed on the Site in the interest of determining your suitability as such for other Users and/or Members.
17.2 We reserve the right to remove any feedback or ratings at our sole discretion.18 LIMITATION OF LIABILITY & INDEMNITY
18.1 You agree that you use the Site at your own risk.
18.2 You acknowledge that we are not responsible for the conduct or activities of any user or Member and that we are not liable for such under any circumstances.18.3 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of this Agreement.18.4 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Site or any content, or in any way relating to an experience itself (or the provision or non-provision of an experience), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage to business interruption of any type, whether in tort, contract or otherwise.18.5 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to: (a) the re-supply of services or payment of the cost of re-supply of services; or(b) the replacement or repair of goods or payment of the cost of replacement or repair.18.6 You agree that any taxation related to any transactions made via the site between Users and/or Members is the sole responsibility of the parties to that transaction and that Gigit accepts no liability or responsibility for taxation matters in that regard.19 PRIVACY POLICY
19.1 You acknowledge and accept the Privacy Policy.
19.2 You agree that you will not do anything that shall compromise Gigit’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Site is concerned.19.3 We may amend the Privacy Policy from time-to-time without notice and at our absolute discretion, and by continuing to use the Site you accept such changes.20 TERMINATION & CANCELLATION
20.1 Either party may end this Agreement immediately by giving the other party written notice. It is not essential to provide reasons for the termination. Where this Agreement has been terminated, you must immediately cease using the Site.
20.2 Your use of the Site may be cancelled at any time, for any reason, by Gigit on a temporary or permanent basis by Gigit giving you written notice. You must immediately cease using the Site should you receive a notice cancelling your licence to use the Site.21 COMPLAINTS & DISPUTES
21.1 We reserve the right to remove any content from the Site that you post which is the subject of a complaint by another user or Member, irrespective of whether that complaint is justified or reasonable.
21.2 You agree to remove any contentious content immediately upon request by us.21.3 Should you have a complaint about content on the Site you should report it to us immediately. We may or may not investigate your complaint, depending on its nature.21.4 If you have a dispute with us or another user or Member in relation to your use of the Site of the conduct of others on the Site, you must report the dispute to us so that we may investigate and assist in the resolution of the dispute (where possible) in accordance with the Dispute Resolution Policy.22 NOTICES
22.1 You can direct notices, enquiries, complaints and so forth to Gigit at: Gigit Pty Ltd support@gigitone.com We will notify you of a change of details from time-to-time.
22.2 We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.23 GENERAL
23.1 Nothing in this agreement shall be deemed to form a relationship between Gigit and you of joint venture, partnership, employment, or other association in any way other than parties to this Agreement.
23.2 Any provision of this Agreement, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of this Agreement, so far as is reasonably practicable.23.3 This Agreement is part of an ecommerce transaction and the parties agree that this Agreement shall be accepted electronically and this Agreement formed & validly entered into electronically.23.4 The termination of this Agreement does not affect the parties’ rights in respect of periods before the termination of this Agreement.