TERMS AND CONDITIONS
Terms and Conditions Effective From 1st July 2021
1. OWNERSHIP OF THIS PLATFORM
1.1 The World Wide Web site at the URL address www.shootang.com and any associated software applications (together the Platform) are owned and operated by Shootang Pty Ltd (Shootang, we, us, our), a company registered in Australia (Australian Company Number 162 159 640).
1.2 The Platform and any provision of services available through the Platform are governed by these terms and conditions (“Terms”) and the Shootang privacy policy (Privacy Policy) that is published separately on the Shootang Platform and as amended from time to time.
2. OUR SERVICES
2.1 The Platform provides online services including, but not limited to collecting, aggregating and delivering information about screen production crew providers and screen production service providers, enabling registered and subscribed members (Members) to post content promoting their services and skills and potentially connecting parties for projects in the screen industry – primarily in Australia, but also other locations worldwide. Services may include, among any other exchanges of information facilitated by the Platform, the following facilities:
2.2 A Registered Member may create a profile on the Platform and view the home pages of other Registered and Subscription Members. This type of Member may search for jobs, but not apply for them until they become a Subscription Member.
2.3 A Subscription Member may create a profile and has access to additional features of the Platform including:
– search, view and connect with other Members
– create, invite, accept, message, delete groups
– view, send, respond and delete messages
– search, post, apply, edit, archive jobs
– view all training resources on the industry.
(the Services).
2.4 The Services provided to Members may vary from time to time, as described on the Platform. These Terms will govern any variation of Services, from the time of publication.
3. YOUR ACCEPTANCE OF OUR TERMS
3.1 As a user (User) of this Platform you agree that you have read and understood these Terms and acknowledge, without limitation or qualification, that by accessing this Platform these Terms are binding on you.
3.2 If you are using this Platform as a Registered or Subscription Member you must register in accordance with clause 5, below. You agree that you have read and understood these Terms and acknowledge, without limitation or qualification, that by accessing the Platform these Terms are binding upon you.
3.3 If you appoint another person to act as your agent in accessing your account and/or use of the Services then you acknowledge and agree that you authorise them to act on your behalf and that these Terms shall apply to and bind the agent. You indemnify and hold us harmless from any claims in relation to the actions of your agent resulting from their access to your account and/or use of the Services on your behalf.
3.4 We reserve the right to amend and/or update these Terms at any time, without advance notice to you. Such changes are effective from the moment of their publication. You agree to read and be bound by the most recent Terms in effect each time you access this Platform.
3.5 We reserve the right, at our sole discretion, to alter, suspend or otherwise remove, without advance notice, a Member’s access to this Platform and the provision of the Services to a Member for any reason. In that event, all ongoing obligations of the parties under these Terms shall remain in force, and we reserve the right to refund any Subscription Fees that we deem appropriate.
4. REQUIRED HARDWARE AND SOFTWARE
4.1 You are solely responsible for ensuring that you have sufficient and compatible hardware, software, telecommunications equipment, and internet service to use this Platform and the Services.
5. MEMBER REGISTRATION AND CANCELLATION
5.1 To become a registered Member you must provide us with current, complete and accurate information as required. To become and remain a Subscription Member, you must also pay the monthly fee that is prescribed on the Platform from time to time, with monthly fees payable in advance, on the date of each calendar month corresponding with the date of first payment.
5.2 Upon Subscription, you will provide a username and password for your account. The username will be public and shall serve as a User’s “handle” on the Platform. You agree to keep your password confidential and acknowledge that you are wholly responsible for maintaining the security of your account.
5.3 You are solely responsible for any activity that occurs on your account, whether authorised or unauthorised. You must notify Shootang immediately of any unauthorised use of your account.
5.4 You may be held liable for any losses incurred by Shootang resulting from use of your account, whether by you or an unauthorised third party.
5.5 Shootang may suspend, without advance notice, the additional Services that are available to a Subscription Member if the monthly Subscription Fee, payable each month, in advance, is not promptly paid.
5.6 Members may cancel their membership through the website, without reason, with immediate effect. Shootang may take down the Member’s content as soon as practicable after cancellation, while any payment made for that payment month may be retained by Shootang.
6. MEMBER INFORMATION RESPONSIBILITIES
6.1 As a Member you may be entitled to, or required to, submit information to this Platform.
6.2 Regardless whether you are a Member or User of the Platform, you accept the terms of the Privacy Policy.
6.3 You hereby warrant that:
(a) any information that you submit through this Platform is owned by you and/or you have the necessary authority to submit such information;
(b) all information you provide to us upon establishing an account is true, accurate, complete and not misleading.
6.4 As Member, you further agree that you shall not submit or transmit information through this Platform, or otherwise to us, that:
(a) is obscene, vulgar, defamatory or pornographic or could reasonably be construed as bullying or harassment;
(b) encourages the commission of a crime or violation of a law;
(c) encourages or proposes the breach of any industrial law in Australia, the jurisdiction in which you reside or the location where the proposed screen industry work will be performed
(d) violates any other state or federal law in Australia, the jurisdiction in which you reside or the location where the proposed screen industry work will be performed;
(e) infringes the intellectual property rights of a third party;
(f) involves the transmission of junk mail, chain letters, conspiracy theories or other unsolicited messages that are not relevant to the Services;
(g) solicits passwords or personal information for commercial or unlawful purposes;
(h) disparages Shootang or the Platform;
(i) is otherwise inappropriate, having regard to the type of content and information that is provided by us and/or third parties on this Platform.
6.5 We reserve the right to remove or delete any information that violates these Terms, or which are otherwise inappropriate, in our sole discretion, without liability to or prior warning to you.
6.6 We reserve the right to cooperate with law enforcement officials and court and regulatory officials in the investigation or prosecution of any crime, lawsuit or regulatory action. You agree to hold us harmless from any consequences or actions taken by Shootang in this regard.
7. SECURITY
7.1 We shall use every endeavour to ensure that the Services are provided through a Platform that is secure, however you acknowledge and agree that internet transmissions are never entirely secure or private, and that any message or information you send to or through the Platform may be read or intercepted by unrelated unauthorised third parties.
7.2 We shall have no liability for the interception or hacking of data through this Platform by unauthorised third parties and any resulting loss to you or any other person or entity.
7.3 You accept and acknowledge that the security and protection of your computer systems, including your use of any virus detection software, is your responsibility. We shall not be liable to you for any loss or damage incurred as a result of you downloading files from our Platform.
7.4 Payment of the subscription fee by credit card is processed through a third party. By making payment in such manner, you are agreeing to the terms and conditions of use of such third party’s platform. We shall not be liable for any loss incurred to you through use of such third party’s platform.
8. UNLAWFUL USE OF OUR PLATFORM
8.1 This Platform is only to be used for its intended and lawful use to provide the Services. Any use not contemplated by these Terms is unlawful and unauthorised. The use of this Platform by anyone who does not have authorised access to it is unlawful and contrary to these Terms.
8.2 You must not use the Platform in any way that violates any national or international laws or regulations and this Platform may not be used for unlawful, illegal or fraudulent or harmful purposes.
8.3 You must not use this Platform to copy, store, host, transmit, send, use, publish or distribute any material that can damage and/or disrupt this Platform and/or any other user’s use and enjoyment of this Platform.
8.4 You must not conduct any systematic or automated data collection activities (including without limitation, scraping, data mining, data extraction and data harvesting) on or in relation to this Platform and you must not engage in any reverse engineering utilising this Platform.
8.5 We may report any suspected unlawful conduct, whether or not a breach of these Terms, to the relevant regulatory authorities in the country or state where the breach occurs and will disclose your identity to them. You agree that such disclosure will not be a breach of the privacy policy or principles of the state or country concerned and in any case your right to use this Platform will cease immediately and we will not be responsible in any way to compensate you for such termination of your access to or use of this Platform.
8.6 You shall be liable to Shootang for all losses and liability incurred as a result, whether directly or indirectly, of your unlawful and/or prohibited use of this Platform and you hereby indemnify and save harmless Shootang against said losses and liability.
9. INTELLECTUAL PROPERTY
9.1 Shootang is the author and owner of content appearing on this Platform that comprises the original works of Shootang (Works) and claims copyright in these Works pursuant to the Australian Copyright Act 1968. No person or body corporate shall copy the Works or issue copies of the Works to the public whether by sale or otherwise unless expressly authorised by these Terms or expressly authorised in writing by Shootang. No person or body corporate may show the Works in public or communicate the Works or make any adaption of the Works unless expressly authorised by these Terms or expressly authorised in writing by Shootang.
9.2 Other than expressly authorised on this Platform, Users and Members must not modify or distribute any materials that you have acquired from this Platform. You must not copy, reproduce, republish, download, post, broadcast or transmit this Platform or any part thereof or any materials from this Platform, except for your personal use, as authorised by these Terms. Our prior written consent must be obtained for any other use of the materials.
9.3 In respect of all content uploaded by Members to the Platform for publication, Members acknowledge that Shootang may publish this content. Members grant to Shootang and its agents a world-wide, royalty free, perpetual, irrevocable, unconditional, non-exclusive and transferable licence to publish that content for the purpose of delivering the Services and to use it for the purpose of marketing and promoting Shootang and its products and services in any manner.
9.4 You may link your own website or other online forum (including social media) presence to the Platform, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have consented to such form of association, approval or endorsement in writing. Shootang may, without prior notice and without giving any reasons, demand the removal of a link to our homepage from your website or other online forum and you must remove the link immediately upon such demand being made by us.
9.5 Your right to use this Platform will cease immediately if you breach any of the intellectual property requirements of these Terms.
10. OTHER SITES
10.1 This Platform may link you to other World Wide Web sites or platforms (Other Sites) on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These Other Sites are not under the control of Shootang, and you acknowledge that Shootang is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Other Sites. The inclusion of such a link does not imply endorsement of the Other Sites by Shootang or any association with its operators.
10.2 When requested by you, this Platform may access Other Sites to populate Member information. You agree to defend, indemnify, and hold Shootang and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from:
(a) any breach of your contractual and/or intellectual property obligations to any Other Site;
(b) inaccurate, misleading or defamatory statements being included in your Member information as populated from any Other Site.
11. OUR OBLIGATIONS / AUSTRALIAN CONSUMER LAW
11.1 We agree and confirm that we will use all reasonable care and skill to:
(a) Make the Platform available for the purposes described in these Terms, or otherwise advertised on the Platform
(b) Keep secure from unauthorised access all non- public Member Information stored on our systems;
(c) Ensure that the Services provided by this Platform are fit for the reasonable purposes for which they were designed;
(d) While every effort is made to ensure that the Shootang produced content that we publish on the Platform is accurate, we make no representation or warranty as to the accuracy or completeness of Member generated information. Any reliance that you may place upon such information is (subject to the below notice) taken at your own risk.
11.2 Our delivery of Services is subject to the Australian Consumer Law and the Australian Competition and Consumer Act 2001. Shootang warrants that the Services will be provided:
(a) With due care and skill;
(b) Be fit for any express or implied purpose; and
(c) Be provided within a reasonable time frame.
11.3 If a Member has a minor problem in the delivery of our Services, you must give us a reasonable opportunity to fix the problem. If there is a major problem that cannot be fixed, the Member may choose to terminate the contract and seek a full refund or seek compensation for the difference in the value of Services provided compared to the price paid.
12. AUTHORITY
12.1 If you access our Platform or the Services on behalf of your employer, client, or other entity, you warrant and guarantee that you have the full right and authority to do so. If you do not have such authority, your activity will be considered a breach of these Terms.
13. DISCLAIMERS
13.1 Shootang makes no representation about the suitability of the Services and the information contained in the materials of the Services for any purpose.
13.2 Shootang makes no representation that, by becoming a User or Member of the Platform, you will be successful in obtaining crew, work, or any other form of business or professional advancement in the screen industry.
13.3 Shootang may change, update, and/or make improvements to this Platform and/or the Services at any time without prior notice or any liability to you.
13.4 You agree that you will use this Platform and apply the information that you obtain from it (including but without limitation all information obtained from the Services) entirely at your own risk in all things.
13.5 Shootang does not warrant that the servers that make this Platform available will be error free, virus free or bug free and you accept that it is your responsibility to make reasonable and adequate provision for protection against such threats. We recommend scanning any files before downloading. We will not be liable for any loss or damage caused by attacks, viruses or other technologically harmful material that may infect your computer equipment, computer programmes, computer data or other proprietary material due to your use of this Platform or to your downloading of any material posted on it, or any site linked to it.
13.6 Shootang will not be liable for any interruption to this Platform during any reasonable periods of Platform maintenance and/or for reasons beyond our reasonable control.
13.7 Nothing in these Terms is intended, nor does create, a partnership, agency, employment or fiduciary relationship between Shootang and any user or member of the Platform.
14. LIMITATION OF LIABILITY
14.1 Subject to any Australian State or Commonwealth legislation to the contrary, under no circumstances shall Shootang, its agents, affiliated companies, officers, directors, employees, and contractors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, this Platform or Member Information. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Shootang has been advised of the possibility of such damage. Except as prohibited by law, in no event shall the amount of collective liability of Shootang and its agents, affiliated companies, officers, directors, employees, and contractors exceed the amount actually paid by you to Shootang for the Services. In the event that a jurisdiction does not allow the exclusion or limitation of incidental or consequential damages, Shootang’s liability in such jurisdictions shall be limited to the extent permitted by law.
15. INDEMNIFICATION
15.1 You agree to defend, indemnify, and hold Shootang and its other affiliated companies harmless, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including legal fees, that arise from your misuse of this Platform or from your violation of the Terms.
16. PROTECTION OF INTELLECTUAL PROPERTY
16.1 You indemnify Shootang against any loss, costs, expenses, demands or liability, whether direct, indirect or consequential or otherwise, and whether arising in contract, tort (including in each case negligence), or equity or otherwise, arising out of a claim by a third party alleging infringement of that third party’s intellectual property rights if such claim arises from infringement, suspected infringement or alleged infringement due to:
(a) use of any of the Services in a manner or for a purpose not reasonably contemplated or authorised by Shootang; and/or
(b) a breach by you of clause 10.2.
17. ELECTRONIC MESSAGES FROM SHOOTANG
17.1 Subject to clause 17.2, you consent to receiving from time to time, electronic messages from Shootang which market or promote our goods and services.
17.2 Shootang will cease to send electronic messages as described in clause 17.1 above to you if at any time you instruct us in writing to cease sending such electronic messages to those electronic addresses.
17.3 Shootang will include a functional unsubscribe facility in any electronic messages sent to you which market or promote our goods and services.
18. FORCE MAJEURE
18.1 In these Terms “Force Majeure Event” means any event beyond the reasonable control of a party and includes, without limitation, any limitation due to Government order, effects of pandemic, war, riot, strike, natural or man-made disaster, or other circumstance of a similar nature.
18.2 Shootang may suspend its obligations to perform the Services if it is unable to perform as a direct result of a Force Majeure Event by notifying you and giving details of the Force Majeure Event. Any such suspension of performance must be limited to the period during which the Force Majeure Event continues.
18.3 Where our obligations have been suspended pursuant to clause 18.2 for a period of 90 days or more, you may immediately terminate your Subscription by giving us notice in writing.
19. ENTIRE AGREEMENT
19.1 These Terms constitute the complete and exclusive statement of the agreement between the parties, superseding all proposals or prior agreements, oral or written, and all other communications between the parties relating to the Services.
20. WAIVER
20.1 No exercise or failure to exercise or delay in exercising any right or remedy by a party shall constitute a waiver by that party of that or any other right or remedy available to it.
21. PARTIAL INVALIDITY
21.1 If any provision of these Terms or their application to any party or circumstance is or becomes invalid or unenforceable to any extent, the remainder of these Terms or their application shall not be affected and shall remain enforceable to the greatest extent permitted by law.
22. DISPUTE RESOLUTION
22.1 Where any dispute arises between the parties concerning these Terms or the circumstances, representations, or conduct giving rise to these Terms, no party may commence any court or arbitration proceedings relating to the dispute (save for circumstances when urgent injunctive relief is required) unless that party has complied with the procedures set out in this clause 22.
22.2 The party initiating the dispute (“the first party”) must provide written notice of the dispute to the other party (“the other party”) and nominate in that notice the first party’s representative for the negotiations. The other party must within seven days of receipt of the notice give written notice to the first party naming its representative for the negotiations. Each representative nominated shall have authority to settle or resolve the dispute.
22.3 If a dispute concerns information published on the Platform, an aggrieved party shall not commence any legal process in any Court or Tribunal without first submitting a detailed written complaint specifying the nature of the grievance by email to info@shootang.com and giving Shootang five (5) business days to respond to the complaint in writing to the complaint.
23. GOVERNING LAW
23.1 These Terms shall be governed by the law of New South Wales, and the parties submit to the non-exclusive jurisdiction of the courts and tribunals of New South Wales in the event of a dispute.
