TERMS OF USE
These Terms of Use (‘Terms’) apply to all Users on this website. We may modify and update these Terms at any time, without notice. You need to ensure you review the Terms from time to time. Whilst there is no fee for using our website and services, you must agree to be bound by these Terms as well as any and all general terms and conditions posted on our website from time to time. If you do not accept these Terms, you cannot use this website.
DEFINITIONS
“Artist” means an artist advertiser who has set up an account and offers their services through the website and may be listed in our database.
“Charity” means a charity advertiser who has set up an account and uses our Services to offer events or contacts Artists through our website.
“Content” means any and all material, links, words, images and video including, but not limited to, any services and services the charity or Artist submits, advertises or links to the website.
“Services” includes the services we offer to help match Artists with charities and charities with Artists’; charities may advertise events through our website, and utilise our Artists directory; Artists may apply to play at those events and promote their artistic expertise within our Artists directory.
“Website” means Artists4ACause.org
“We/our/us” means ARTISTS 4 A CAUSE®, Artists4ACause.org
“You/User” means the Artist and/or charity, and any user, using our services and by doing so, agreeing to these Terms.
ACCOUNTS
Artists and charities must register and set up an account in order to advertise and use our website. You must keep your login details confidential and in a secure place, and not allow any unauthorised person to use your login name and password. You must keep your account information including your profile accurate, up to date and complete.
AGREEMENT FOR ADVERTISING
To be eligible to use our website, you agree to the following:
you are 18 years of age or older;
you are of sound mind and have no criminal conviction of any kind;
you will not:
(i) up-load, post or transmit any viruses, malware, trojans, worms or any other forms of malicious computer script to our website;
(ii) use any robot, spider, scraper or other automated means to perform searches on our website; or
{iii} copy, disassemble, decompile or reverse engineer the Services.
If you are posting Content, you further agree that:
Any Content you post is accurate and current, is not misleading, and will not breach any third party rights;
you have ownership rights to any Content, and have the right to advertise and sell it;
any Content you post complies with applicable laws, codes and regulations;
all material and Content you link to from our website is accurate, up-to-date, lawful, and not misleading;
you will at all times abide by the Australian Consumer Law (ACL) requirements including, but not limited to, the re-supply or refund of any services or services you supply which do not meet ACL requirements; and
you will ensure you adhere to good practice service standards for the supply of services and services to website users who may be other charities or Artists, in a timely and responsive manner.
If you are a charity, you warrant that:
you are a current, properly formed charity and comply with all applicable laws for your state or territory, and country;
any event that you upload to the website does not contravene applicable anti-discrimination and/or equal opportunity legislation as amended from time to time, including anti-discrimination legislation relating to age, disability, sex or sexual orientation, race, religion or ethnicity;
the terms and conditions of any work at an event offered by you to the Artist must, if paid, comply with any relevant award or registered agreement and the provisions Fair Work Act 2009, including the National Employment Standards (NES) or relevant employment laws in that country;
The terms and conditions of any work at an event offered by you to the Artist must, if voluntary, be a genuine voluntary arrangement and in compliance with the Fair Work Act 2009 and relevant employment laws and regulations of that country; you will provide a safe working environment for Artists and that you will comply with the relevant workplace health and safety legislation and will have and maintain any insurance policies or workers’ compensation arrangements that are required by any relevant legislation.
If you are an Artist, you warrant that:
your credentials including any qualifications, certificates and experience on your profile and in any Content are accurate, and up to date; and
you are reasonably qualified and legally entitled to perform at any event that is advertised which you expressly or impliedly represent yourself as capable of filling.
WE ARE A FACILITATOR ONLY
All Users acknowledge and agree that:
We are a facilitator only and we do not do any formal checks on any charity, Artist or event venue. You are responsible for any decision to either book or accept any booking and doing your own due diligence on the event, charity, Artist, organisation or otherwise. We are, at no time, responsible for your decision, or any loss or damage you may suffer as a result. Artists4ACause.org may ban or bar any Artist, charity, organisation or individual from using the website in the event these terms are breached, if we receive numerous complaints or for any reason at any time in our sole discretion.
We are a facilitator only for the purposes of enabling interactions between charities and Artists, and we take no responsibility for the Content or other information posted on our website; we are not an employer and do not take responsibility for any background criminal, financial or insurance checks or investigations into any Artist or charity; we are not responsible for the selection of Artists, interviews or the negotiation of any agreement or arrangement between Artists and charities.
Charities must independently verify and make their own assessment of the suitability and experience of any Artist for any event. We cannot guarantee that you will locate a suitable Artist for any event.
Artists must independently verify the requirements of any event that is advertised, and make their own assessment of their suitability for the job, and their capacity to carry it out. We cannot guarantee that you will locate suitable events at which to perform.
All Users acknowledge and agree that we cannot guarantee that:
any bookings, business, will increase, or there will be an increase in traffic to your website or otherwise;
all the advertisements and links and Content on our website are current or correct;
charity Users of our website are properly registered, are a certified charity or comply with the law; or
the Artists Users’ credentials are accurate.
All Users must do their own research and due diligence on any other User for any compliance or requirements. We may but are not responsible for checking or verifying any User.
Any services or services you provide through your business are done directly and are your contractual relationship with the Artist or charity that may find you by visiting our website. For example you must arrange between yourselves stage requirements, support, security, transport, and rights associated with further advertising etc. Any disputes, issues, dealings, complaints are to be dealt with directly with the charity or Artist and you agree to indemnify us for any charity or Artist claim which results directly or indirectly from your action or inaction.
You must manage all disputes in good faith and in accordance with all ACL and other law requirements. We are not to be involved at any time and are not responsible directly or indirectly for any dispute with any charity or Artist regarding your provision of services.
We make no warranty that our Services will meet your requirements or be available on an uninterrupted, secure or error-free basis. We will use our best endeavors to ensure the website is always available and virus free but from time-to-time, and in some instances, this may not be the case as it may be out of our immediate control. We will notify you if the website becomes unavailable for any lengthy and unusual time period.
DELETION AND TERMINATION
If you wish to terminate your account yourself you can login to your profile and choose this option which is worded as the option to “permanently delete my account”. Please note: we are at no time responsible for any lost, deleted or missing information on your profile at any time. We do not keep or back up your information.
WE MAY TERMINATE YOUR ACCOUNT AND DELETE CONTENT AT ANY TIME: We have the right to terminate your account for any reason, at any time. You agree that we may, in our sole discretion, terminate or suspend your access to the website with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to the appropriate law enforcement authorities.
If we have reasonable grounds to suspect the information you provide on your profile, account or Content on our website or on your website is inaccurate, incomplete, out-dated or that you have breached any Terms, if your Content is offensive, or for any other reason including if, in our opinion, you have breached the purpose of our website, at our sole discretion we have the right to immediately withdraw your Content and information links and terminate your account. We may also deny the use of our website and Services to you in the future.
Upon such termination, regardless of the reasons, your right to use the website immediately ceases and you acknowledge and agree we may immediately deactivate or delete your account and all related information and files. We may also bar you from any further access to our website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
MODIFICATION OF WEBSITE AND CONTENT
We reserve the right at any time and from time to time to remove, delete, alter or amend any Content or the website. In particular, if we believe the Content to be inappropriate, offensive, defamatory, obscene, unlawful, potentially breaches regulations, violates a third party’s intellectual property rights or if we receive complaints or for any other reason and in our reasonable discretion, we may remove or modify Content at any time without notice. We shall not be liable to you or any third party for any modification when it is required.
We reserve the right to disclose your name and any personal details of any User to any law enforcement authority or other competent authority or to any person for the purpose of legal proceedings, prosecution, investigation or any breach, alleged breach of the law or these Terms.
LIABILITY
Under no circumstances will we be responsible for any loss, damage, injury or death resulting from the charity or Artist failing to comply with their obligations under the relevant workplace health and safety legislation as to safety of the workplace at which the services described in the advertisement posted to the website will be carried out.
Certain legislation including the ACL and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to the provision of Services by us to you which cannot be excluded, restricted or modified (Statutory Rights). Our liability to you is governed solely by the ACL and these Terms. We make no representations or warranties of any kind, express or implied, about:
The completeness, accuracy or reliability of the information you obtain from the use of our Services; or
whether the Services provided on the website will be available on an uninterrupted, secure or error-free basis.
We expressly disclaim all conditions and warranties implied by custom, law or statute except for your Statutory Rights.
You agree and acknowledge that we are not liable for any direct, indirect, consequential or incidental loss or damage which may result from your use of our website or your breach of these Terms or anything related directly or indirectly to our Services, or any unauthorized use of our website by anyone obtaining your login information. We also do not accept any responsibility for and are not liable for any loss or damage resulting from reliance by any User on any information on this website or accessed by any User through the Services provided on our website. You acknowledge, agree and undertake that you shall be the legally responsible party for any Content placed by you on our website, and you agree and undertake to indemnify us and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising directly or indirectly as a result of any Content placed by you on our website.
In addition, you agree to fully indemnify us for any and all claims by Artists or charities or any third party which may result from your advertisement, Content or link on the website or any business you conduct with another Artist or charity. We are not responsible for your Content, services nor for your breach of any third party rights. We are also not responsible for any claim by any third party which may be a result of your links, material or Content on your website, business or otherwise. You agree you will fully indemnify us and, wherever possible, take over and manage any claim which may result from any one of your website users whether direct or indirect.
INTELLECTUAL PROPERTY
All custom graphics, icons, logos and service names are registered trademarks, copyright, or intellectual property of ours.
By posting Content, you grant us a royalty-free, worldwide, non-transferable, non-exclusive licence to use the Content for the purpose of advertising on the website and as otherwise may be required to provide the Services, and for the general promotion of the website. Otherwise, the intellectual property ownership of the Content remains with its respective owners. Nothing in these Terms grants you any right to use any of our trademarks or any copyrighted material we have on the website, or any Content. You are solely responsible for obtaining written permission before re-using any material that is available on this website.
Any unauthorized use of the materials appearing on this website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
MISCELLANEOUS
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any terms of this agreement are invalid, then that term is severed from this agreement and the remainder Terms remain in full force and effect.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
These Terms are governed by the laws of WA which are in force from time to time and both you and we agree to submit to the non-exclusive jurisdiction of the Courts of WA for determining any dispute concerning these Terms.
