Terms and Conditions for Use of ProductionParty Pty Ltd Services
This is an important document which you must consider carefully when choosing whether to use the www.ProductionParty.com website at any time.
This Agreement was last modified on 14th February 2012.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH WWW.PRODUCTIONPARTY.COM OFFERS YOU ACCESS TO OUR SERVICES AND WILL BE BINDING ON YOU IF YOU USE PRODUCTIONPARTY PTY LTD'S SERVICES.
Acceptance of User Agreement
This user agreement ("User Agreement" or "Agreement") is a contract between you and ProductionParty Pty Ltd (ACN 122 023 465) if you are a user of www.productionparty.com . The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.
This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and ProductionParty Pty Ltd as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your www.ProductionParty.com account ("Account") or the Services provided by us on the Site ("Services"), and/or limit access to your funds if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.
Amendment of User Agreement
ProductionParty Pty Ltd may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. Such updated version of the User Agreement will be effective at the time we post it, and binding on you from the time you next use the site.
ProductionParty Pty Ltd offers its Services to its Users. We shall have absolute discretion as to whether or not we accept a particular applicant or site for participation in the service. The Site is available only to individuals or corporate entities that can form legally binding contracts under applicable law. Without limiting the foregoing, this Site is not available to persons under 18 years of age. If Users do not qualify, they cannot use any of ProductionParty Pty Ltd's Services including, but not limited to, those that require the User's ability to form legally binding contracts. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us immediately.
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason. The terms “We,” “Our” and “Us” refer to ProductionParty Pty Ltd.
ProductionParty Pty Ltd provides a venue to introduce Users who wish to provide professional services ("Producers") and Users who seek such professional services ("Clients")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to brief, engage, complete, invoice and pay for projects.
3. LEGAL RELATIONSHIP BETWEEN YOU AND PRODUCTIONPARTY PTY LTD
ProductionParty Pty Ltd reserves the right to terminate the participation of any User for any or no reason but expressly including any User that ProductionParty Pty Ltd judges to be in violation of the User Agreement. Without limiting the foregoing, ProductionParty Pty Ltd may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.2 Relationship between Users
The only parties to a project are the Producer and the Client. Upon the Client awarding a project to a Producer and the Producer's acceptance of a project on the Site, the Client agrees to purchase, and the Producer agrees to deliver the Producer Services in accordance with the following agreements: (1) the User Agreement; and (2) the User Services Agreement between the Client and Producer available on the Site, as amended from time to time; (3) any other contractual provisions accepted by both the Producer and Client uploaded to the Site, to the extent not inconsistent with the User Agreement; and (4) the project terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.
You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a contract in conflict with the User Agreement is void.
3.3 User Responsibilities
The responsibilities of the Producer and Client are set out in the Services Agreement between Producer and Client.
When you enter into a transaction you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement. You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law) international laws, statutes, ordinances and regulations relevant to you as a Client or Producer, or in any other uses you make of the Site.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, ProductionParty Pty Ltd has no responsibility for enforcing any User rights.
3.4 No Insurance
ProductionParty Pty Ltd does not offer any form of insurance or other Client or Producer protection that will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Clients and Producers. However, some forms of payment permitted on the Site, such as PayPal or credit card, may offer limited Client or Producer protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.
Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is that of independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
3.6 Services offered by ProductionParty Pty Ltd
ProductionParty Pty Ltd offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to Producers and to enable Producers to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service (or the Site) or use of this service.
Some of the Services offered at the Site may include feedback to questions by Users of this service and/or articles with original content, recommendations, and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and ProductionParty Pty Ltd and its related entities, directors, officers, shareholders, and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that ProductionParty Pty Ltd is not involved in the actual transaction between the Producers and Clients. As a result, ProductionParty Pty Ltd has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Producers to provide the services or the Clients to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
Some of the content provided at the Site may relate to various subjects such as information pertaining to legal matters, financial matters, advertising/marketing matters, and other matters for which the content is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that ProductionParty Pty Ltd provides should not be considered professional, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabelled or deceptively labelled accidentally by ProductionParty Pty Ltd or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
ProductionParty Pty Ltd provides unmonitored access to third-party content. ProductionParty Pty Ltd is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. ProductionParty Pty Ltd does not monitor, control nor regularly review the web sites that link from the Site. ProductionParty Pty Ltd, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites that link from the Site, and Users should not treat any link as an endorsement or acceptance of veracity or value.
ProductionParty Pty Ltd does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. ProductionParty Pty Ltd expect that the User will undertake necessary activities and practices and will use caution and common sense when using ProductionParty Pty Ltd via the User's Account.
You agree and acknowledge that unless explicitly requested to the contrary, ProductionParty Pty Ltd may display your company name, logo and a public description of your projects and profile, and any material you post about your experience, as part of the ProductionParty Pty Ltd website(s) and/or other ProductionParty Pty Ltd marketing material.
All fees are set forth in the summary of ProductionParty Pty Ltd's fees and charges which can be found on the Site. All fees will be assessed in Australian dollars. Your Account and all transactions are made and displayed in Australian dollars unless otherwise specified.
ProductionParty Pty Ltd earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by ProductionParty Pty Ltd that are accessible through the Site and to cover expenses and fees ProductionParty Pty Ltd incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts from payments made by clients, ProductionParty Pty Ltd transfers the remaining payment amount to the Producer.
ProductionParty Pty Ltd charges fees in relation to the posting of a project, project commission fees, and other miscellaneous fees that are described on the Site. **
5. PAYMENT OF PRODUCTION FEE
5.1 Not an escrow service
ProductionParty Pty Ltd does not operate an escrow service. ProductionParty Pty Ltd does have, however, a feature that allows controlled payments to be made with respect to a project to a Producer. At your request, ProductionParty Pty Ltd will accept an advance payment from a Client for a project. We will hold such funds ("Production Fee") until the Client and the Producer agree that the funds should be released to the Producer or until the Client and the Producer have concluded the process of the Dispute Resolution Services (as defined below). Once a Client instructs ProductionParty Pty Ltd to pay a Producer that performed a service for him/her/it, by that instruction the Client acknowledges that the Producer has completed the service fully and satisfactorily.
ProductionParty Pty Ltd will then disburse the Production Fee to the Producer, net of fees and costs. If a Client does not approve of the Producer's work product, the Parties agree to be bound by the terms of the Dispute Resolution Services set out below.
5.2 Inactive Users
In the event that the Client has not provided any instruction to ProductionParty Pty Ltd with respect to a Production Fee within 1 year after the day that the Production Fee was made, and has not logged in during that time period, such Production Fee will be refunded to the User account of the person who initially paid it.
6.1 Opening Account
To become a User and access the Site and Services you must register for an Account. You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
You agree that you will not receive interest or other earnings on the funds that ProductionParty Pty Ltd handles as your contractor. ProductionParty Pty Ltd may receive interest on those funds, which it shall have the right to retain in full. ProductionParty Pty Ltd will not be liable for any lost interest or other costs on such funds.
All amounts are stated in and all payments will be made in Australian dollar funds. ProductionParty Pty Ltd reserves the right to suspend a withdrawal if the source of the funds is suspected to be fraudulent. Any funds received from an account that made a fraudulent deposit (e.g. stolen credit card) will be reversed immediately. If in a fraudulent payment situation a withdrawal has already been processed, you will be expected to return the funds to your ProductionParty Pty Ltd account or face account termination and any other remedies available to ProductionParty Pty Ltd to recover the funds.
Any User that ProductionParty Pty Ltd removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement or on the Site, including reimbursement of all costs incurred by ProductionParty Pty Ltd as a result of the User’s violation of the User Agreement.
ProductionParty Pty Ltd requires you to make all payments to ProductionParty Pty Ltd and to make payments to and accept payments from other Users in the purchase and sale of Services for ProductionParty Pty Ltd projects directly through the mechanisms available on the Site. You understand and agree that ProductionParty Pty Ltd will not hold funds (including Production Fees) delivered to ProductionParty Pty Ltd from Users for the purchase and sale of Services in a separate account, but may commingle and deposit such funds with other funds to be paid to other Users and with funds of ProductionParty Pty Ltd in any account, at any institution, or in any other manner ProductionParty Pty Ltd may decide in its sole discretion from time to time. In addition, you understand that such commingled funds could be used to pay other Users and by ProductionParty Pty Ltd for general corporate purposes or otherwise, provided that ProductionParty Pty Ltd will remain contractually obligated to make payment to you, as a Producer or Client, for any purchases and sales of Services provided by you through ProductionParty Pty Ltd. To the extent ProductionParty Pty Ltd is obligated to make payment to you, you will be an unsecured creditor of ProductionParty Pty Ltd.
You acknowledge that: (1) ProductionParty Pty Ltd is not a bank or other licensed financial institution and does not provide banking services; (2) the amounts shown on any statement, including Production Fees, in a User Account are not segregated into a separate account but represent unsecured obligations of ProductionParty Pty Ltd to the User with respect to the purchase and sale of Services through ProductionParty Pty Ltd; (3) ProductionParty Pty Ltd is not acting as a trustee or fiduciary with respect to such funds or payments, but is acting only as an agent and (4) amounts transferred through or stored in the payment service are not insured or guaranteed in any way. By initiating and sending payments through ProductionParty Pty Ltd, you appoint ProductionParty Pty Ltd as your agent to obtain the funds and to hold and transfer such funds to the Producer or Client for Services, subject to these terms and conditions.
6.4 Inactive Accounts
User Accounts that have been inactive for more than 365 days ("Inactive Accounts") will incur a dormant account fee of A$10 per month until either the Account is terminated or reactivated.
ProductionParty Pty Ltd reserves the right to cancel Inactive Accounts with a nil or negative balance.
You acknowledge and agree that any chargebacks (a chargeback occurs when a Client rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Clients through the Site are your responsibility and you will not hold ProductionParty Pty Ltd liable for these. You agree that ProductionParty Pty Ltd may reverse any such payments that are subject to chargeback via our Payment Processors. To cover the cost of processing chargebacks, ProductionParty Pty Ltd assesses a A$65.00 fee to Users for credit and debit card payment chargebacks.
6.6 Insufficient funds in Accounts
If there are not sufficient funds in your User Account to meet outstanding fees and charges, ProductionParty Pty Ltd reserves the right to collect any amounts owing to ProductionParty Pty Ltd by any other legal means.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided by ProductionParty Pty Ltd. These taxes will be added to fees billed to you, if applicable.
Please note Australian customers are required to pay an extra 10% goods and services tax on all fees.
7. AVOIDING COMMISSIONS
7.1 Prohibition on negotiation of fee outside of Site
You are strictly prohibited from attempting to negotiate the fee for a project with another User directly (outside of www.ProductionParty.com ) after that project has been created/opened and before that project has been closed (i.e. during an ongoing project). This also applies to any project that was closed without a Producer being chosen, and then contacting them about the project. Both parties are responsible for notifying ProductionParty Pty Ltd if the payment amount increases (above the bid amount) after the project is closed. You agree that any fee for a project earned or received by you in this manner will incur a commission payable to ProductionParty Pty Ltd, and you agree to pay that commission, along with a processing fee, to ProductionParty Pty Ltd upon demand.
You are strictly prohibited from under-bidding on projects in an attempt to renegotiate the actual price privately, avoiding fees. We aim to provide a fair and open playing field at ProductionParty Pty Ltd, and such activities interfere with providing such a marketplace.
We believe our commissions are very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.
Users agree not to post their e-mail address on the site, except in the "e-mail" field of the signup form, or when asked by ProductionParty Pty Ltd at any other time. There should be no need to give anyone your e-mail address. It is automatically provided if you choose a Producer (or you are the Producer chosen for) a project, and before that time you can use the on-site messages that ProductionParty provides to communicate. This does not only apply to e-mail addresses, but to all methods of communication, including phone, ICQ, AIM, MSN Messenger, Google Chat and Yahoo.
7.3 Providing contact information
You are prohibited from making direct contact with another User, unless it's for a project you (a Producer) have been picked for, or you (a Client) have picked a Producer for. This includes giving out your e-mail address, ICQ number, phone number, or any other method of contact outside of this site. ProductionParty Pty Ltd provides you with on-site communication tools, which should be sufficient for pre-project planning.
8. USER CONTENT
The User is solely responsible for content or any other information the User provides to ProductionParty Pty Ltd. User understands and agrees to the following:
- ProductionParty Pty Ltd is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. ProductionParty Pty Ltd has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for ProductionParty Pty Ltd, harm its business operation or reputation, or cause ProductionParty Pty Ltd to lose the services of its suppliers.
- Any and all content submitted to the Site is subject to the approval of the Site administrators. The Site reserves the right to reject, approve, or modify User-submitted content upon the discretion of the Site administrators. Evaluation of User-submitted content is based on certain quality guidelines.
These guidelines, which encompass all objectively quantifiable and aesthetic aspects of User-submitted content, are set solely by the Site and applied exclusively within the Site.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libellous; (d) will not be obscene or contain pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
No copyrighted material can be posted on the Site. This includes scripts or screenplays which are sold by the author. Only posting sections, or excerpts of these screenplays and scripts, as examples, will be permitted; a "section" or "excerpt" being no more than 10% of the screenplay or script's contents. This is meant to protect the author's intellectual property rights
8.2 Feedback, Reputation and Reviews
By using the Site, you acknowledge that you transfer copyright of the feedback, opinions and reviews you leave (whether a "Client" or "Producer"), consisting of comments and ratings ("Feedback"). You acknowledge that this feedback belongs solely to us, notwithstanding that we permit you to use it on our Site while you remain a member. You may not use it or deal with it in any way inconsistent with ProductionParty Pty Ltd's policies as posted on the Site from time to time, without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the Client or Producer feedback system. We are entitled to suspend or terminate your membership at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating is considered to be problematic to a Client or Producer.
ProductionParty Pty Ltd's feedback ratings belong to us and may not be used for any purpose other than facilitating the exchange of services between Users of the Site. You may not use your Client or Producer feedback (including, but not limited to, marketing or exporting your composite rating or feedback comments) in any real or virtual venue other than a website operated by ProductionParty Pty Ltd or its related companies without our written permission.
In the course of Our work, ProductionParty Pty Ltd is privy to Confidential Information from Clients in connection with use of Our services.
In order to carry out Client work, ProductionParty Pty Ltd and/or a Client may share Confidential Information with other parties including, but not limited to, full time employees, part time employees, freelancers, owner operators and other businesses and organizations and suppliers who provide services to Clients or otherwise assist ProductionParty Pty Ltd with this work.
ProductionParty Pty Ltd is often required to sign Confidentiality Agreements and Non-Disclosure Agreements with Clients on behalf of itself, its employees and its suppliers and therefore it is essential that ProductionParty Pty Ltd only uses the services of those who contractually agree to respect and protect the confidential nature of its operations.
In this agreement “Confidential Information” includes, but is not limited to:
matters not generally known outside ProductionParty Pty Ltd or the Client, such as new product concepts, technical information or “know-how,” any information not in the public domain relating to the business operations of the Client, any specific documentation or information supplied to ProductionParty Pty Ltd and marked as “confidential”, and other information considered to be confidential under the terms of any agreement or undertaking between the Client and ProductionParty; and
the fact that ProductionParty Pty Ltd is providing services to the Client and has been given access to information and documentation relating to the financial affairs and business activities of the Client.
In consideration of You being permitted to have access to Confidential Information, You undertake to at all times keep the Confidential Information absolutely secret and confidential and that You will not directly or indirectly disclose or communicate to any person at any time the Confidential Information or any part thereof without a binding undertaking of confidentiality from that person, or to use it for other than the purpose for which it has been provided to You by ProductionParty Pty Ltd or the Client, provided that You shall be entitled to disclose the Confidential Information if required to do so by law after first giving Us and the Client reasonable notice of such a requirement prior to actually disclosing the Confidential Information. You shall use all commercially reasonable efforts to safeguard the confidentiality of all Confidential Information at all times.
9. USER RESTRICTIONS
Users are prohibited from advertising a website on the Site. Any URL posted in a bid, project description, or the message board, must relate to a project on www.ProductionParty.com . An example of a permissible URL would be a User's portfolio or resume page.
The Client agrees that:
- The Client is strictly forbidden from redistributing any of the content of the Site, including but not necessary limited to private messages, documents, and feedback.
- The Client will not use the Client's Account to post false or misleading project descriptions or feedback.
- The Client will not post project descriptions that, in the judgment and discretion of ProductionParty Pty Ltd, are inappropriate to ProductionParty Pty Ltd's audience, viewers, or visitors in the judgment and discretion of ProductionParty Pty Ltd.
- The Client will not falsify the Client's own or any other identity.
- The Client will comply with all of ProductionParty Pty Ltd's policies as posted on the Site from time to time.
The Producer agrees that:
- The Producer will not redistribute any of the content of the Site, including but not limited to private messages, documents, and feedback.
- The Producer will not falsify Producer's own or any other identity.
- The Producer will comply with all ProductionParty Pty Ltd policies as posted on the Site from time to time.
9.4 Prohibited use of Site content
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site apart from works produced by you that you show through the site. Additionally, you agree not to:
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- deep-link to any portion of this Site for any purpose without our express written permission;
- "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorisation; or
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.
9.5 General restrictions
Users agree that:
- Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of ProductionParty Pty Ltd.
- Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
- Users will not contact Clients or Producers through the Site or through information gained from our Site with the intent of subverting them from using our Services.
- Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
- Users will not create multiple user Accounts.
9.6 Consequences of termination
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from ProductionParty Pty Ltd.
Without limiting ProductionParty Pty Ltd's other remedies, to the extent you are in violation of this User Agreement, you must pay ProductionParty Pty Ltd for all fees owed to us and reimburse us for all losses and costs (including any and all ProductionParty Pty Ltd employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
Users that are terminated by ProductionParty Pty Ltd on any basis other than violation of this User Agreement will be entitled to receive any payment due from ProductionParty Pty Ltd.
In the event of termination, you will have no claim whatsoever against ProductionParty Pty Ltd in respect of any such suspension or termination of your membership.
10. DISPUTE RESOLUTION SERVICES
10.1 Dispute Resolution Services
ProductionParty Pty Ltd offers the Dispute Resolution Services to registered users who have elected to use the Production Fee feature. You agree and acknowledge that: (i) ProductionParty Pty Ltd is not providing legal services; (ii) ProductionParty Pty Ltd will not advise you regarding any legal matters; and (iii) if you desire to have legal counsel, you will seek an independent legal counsel from those licensed to practice law in your jurisdiction. You will not rely on ProductionParty Pty Ltd for any such counsel.
In the event of a dispute between a Client and a Producer regarding a return or release of Production Fees, either Client or Producer may elect to use the Dispute Resolution Services offered by ProductionParty Pty Ltd. The Client and Producer will then be notified that the matter will be addressed through the Dispute Resolution Services.
You agree to indemnify and hold ProductionParty Pty Ltd harmless against any damages or liability you may suffer as a result of using the Production Fees and/or Dispute Resolution Services.
10.2 The ProductionParty Refund Policy
If you are unhappy with the service Production Party offers or you are not happy with the quality of work of any of our producers/production companies and because of these reasons do not want to appoint anyone to your project, please contact us directly to see if we can remedy the situation and if we are unable to, then we will refund your listing fee in full.
If, after appointing a Producer/production company through Production Party, you are dissatisfied with the Producer or production company, the production process or the final production, Production Party offers Dispute Resolution Services to attempt to assist in the development of a workable solution. In the event that a workable solution cannot be achieved, Production Party will use commercially reasonable efforts to recover any unspent funds from the producer/production company, proportional to the stage of development, and refund any recovered funds to you in full.
As a condition to Production Party assisting you this way, you agree not to join Production Party into any action you may take as a result of unsatisfactory work or nonpayment on a project found via Production Party, agree that we do so on a commercially reasonable efforts basis only, and completely absolve us from any responsibility for these issues. In the event that despite the above Production Party is found to be liable to you for any damages or costs, you agree that the total amount of these damages and costs is limited to 3 times the fees earned by Production Party on the project(s) in question.
11. REGISTRATION AND PROCESSING OF YOUR PERSONAL DATA
Your personal information will be processed by ProductionParty Pty Ltd in order to fulfil the agreement with You, allow delivery of projects etc. Furthermore, we will utilize your personal information for marketing campaigns, offers, new products or services. Your personal information may also be transferred between ProductionParty Pty Ltd and any associated entity within the ProductionParty Pty Ltd organisation. By entering into this agreement, You hereby approve such processing of your personal information as set forth above, including processing of your personal identification number. The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of this agreement or other obligations difficult, we reserve the right to immediately terminate this agreement. Should you require further information regarding our processing of your personal information, please contact us at the address set forth below.
ProductionParty Pty Ltd discloses sensitive personal information only if required to comply with legal obligations or with your consent.
ProductionParty and the ProductionParty logo are trademarks of ProductionParty Pty Limited (ACN 122 023 465).
13.1 Copyright of ProductionParty Pty Ltd
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of ProductionParty Pty Ltd and are protected by Australian and international copyright laws.
13.2 Copyright infringement
It is our policy to respond to clear notices of alleged copyright infringement. Our approach is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify.
14. NO WARRANTY
ProductionParty Pty Ltd is not involved in the actual transaction between Producers and Clients. Our Services, the Site and all content on it are provided on an “as is” basis and without warranties of any kind either express or implied. Without limiting the foregoing, ProductionParty Pty Ltd does not represent or warrant that:
- the Site will be accurate, reliable, uninterrupted, secure or error-free;
- defects in the Site will be corrected;
- the Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. For example, consumers (as defined by consumer protection laws) may be entitled to the benefit of certain warranties under applicable consumer protection legislation in Australia. If you are considered a consumer under an Australian consumer protection law that applies to ProductionParty Pty Ltd, you will be entitled to the benefit of certain warranties under that legislation. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.
To the extent that ProductionParty Pty Ltd are able to limit the remedies available under this User Agreement, ProductionParty Pty Ltd expressly limits its liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at ProductionParty Pty Ltd's sole discretion) :
(1) in the case of goods, any one or more of the following:
- the replacement of the goods or the supply of equivalent goods;
- the repair of the goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
(2) in the case of services:
- the supply of the services again; or
- the payment of the cost of having the services supplied again.
However, if you are considered a consumer under an Australian consumer protection law that applies to ProductionParty Pty Ltd, and you use our Services for personal, domestic or household use, the above clause may not apply to you. For more information on consumer protection laws, please visit www.accc.gov.au or the website of your state fair trading agency.
15. LIMITATION OF LIABILITY
15.1 Limitation of liability
In no event shall ProductionParty Pty Ltd, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions or other use involving the Site.
- The limitations on ProductionParty Pty Ltd’s liability to you above shall apply whether or not ProductionParty Pty Ltd, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of ProductionParty Pty Ltd and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within applicable legislation.
15.2 Jurisdiction Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
15.3 Bar to action
ProductionParty Pty Ltd may plead this User Agreement as a bar to any claim, action, proceeding or suit brought by You against ProductionParty Pty Ltd for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, shareholders, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
17. APPLICABLE LAW
Any dispute arising out of or in connection with this User Agreement shall be governed by the laws of the State of New South Wales, Australia. You and ProductionParty Pty Ltd irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by ProductionParty Pty Ltd to a third party without your consent in the event of a sale or other transfer of some or all of the assets of ProductionParty Pty Ltd. In the event of any sale or transfer you will remain bound by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by You or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict Your liability arising out of fraud or fraudulent misrepresentation.