All Gigs User Agreement
The User Agreement below is for all users effective September 1, 2015.
THE FOLLOWING DESCRIBES THE TERMS ON WHICH ALL GIGS OFFERS YOU ACCESS TO OUR SERVICES.
Welcome to the User Agreement for All-Gigs.com.au. This Agreement describes the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.allgigs.com.au and the general principles for the websites of our subsidiaries and international affiliates. Do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on our site.
1.0 All Gigs is a Venue.
All Gigs helps talent buyers, agents and consumers find the right vendors for their wedding, corporate event or private affair. It is a website used by consumers to search and hire event services such as live bands, DJs, string quartets, dancers, balloon twisters, magicians, comedians, and other event vendors. All Gigs combines the efficiency of the web with the personal touch of a private event planner. Vendors and customers purchasing services share the responsibility for making sure events facilitated by All Gigs are exciting, rewarding, and hassle-free. All Gigs is a site that acts as a venue that allows anyone to buy and sell live event services. In an effort to make the buying experience positive, All Gigs provides direct services which help vendors and customers book their transaction. However, as is the case with sites of this kind, we have limited control over the quality, safety or legality of the services advertised. In the unlikely event there is a dispute, we require All Gigs vendors to comply with our resolution process. Vendors and customers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with All Gigs under the All Gigs Event Protection Policy.
We strongly encourage customers to work with vendors before opening a claim relating to the booking of entertainment. Customers and vendors agree to follow the requirements of the All Gigs Event Protection Policy outlined in section 9.0 with respect to claims. All Gigs protection covers only claims filed in accordance with the All Gigs Event Policy. We may suspend the All Gigs Event Protection Policy without notice if we suspect abuse or interference with the proper working of the program.
Correcting Mistakes in Payments to vendors and Customers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous All Gigs refund or reimbursement.
1.1 Information Control.
We do not control the information provided by other Members and users that is made available through our system. You may find other Members and user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe buying, selling, booking, and communications when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and All Gigs is not responsible for the acts or omissions of users on the Site.
Without limiting any other remedies, All Gigs may, but is not obligated to, suspend or terminate your account and/or Membership if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity, misrepresentation, or falsehoods in connection with the Site.
1.3 Review Integrity.
You may not take any actions that may undermine the integrity of the All Gigs review system. We may, but shall not be obligated to, limit the number of reviews you ("vendor") may place on the Site based upon the level of your reviews.
If you ("vendor") engage in the practice of libel, slander, foul language, threats and/or threatening language, All Gigs has the right to remove or edit your reviews. All Gigs also has the right not to edit or remove your reviews. Likewise, All Gigs clients are not permitted to engage in the practice of libel, slander, foul language, threats and/or threatening language. All Gigs has the right to remove or edit client reviews. All Gigs also has the right not to edit or remove client reviews.
All reviews will be published live on the All Gigs Site at the discretion of All Gigs. Reviews are not to be used by vendors in order to threaten, harass, blackmail, or extort money, goods/services from clients. If All Gigs concludes that a review has been used by a vendor to threaten, harass, blackmail, or extort money, goods/services from clients, All Gigs shall have the right, but not the obligation, to temporarily suspend or permanently remove said vendor and said vendor's All Gigs Membership from the All Gigs website.
Reviews are not to be used by clients in order to threaten, harass, blackmail, or extort money, goods/services from vendors. If All Gigs concludes that a review has been used by a client to threaten, harass, blackmail, or extort money, goods/services from vendors, All Gigs shall have the right, but not the obligation, to temporarily suspend or permanently prevent said client from utilizing the All Gigs website to contact All Gigs vendors and book services through the All Gigs website.
An All Gigs vendor may not cancel on a All Gigs client because he or she is afraid of receiving a less than perfect or negative client review after the event has taken place. If you ("vendor") earn an overall net review rating of 1 (one), All Gigs shall have the right, but not the obligation, to suspend your All Gigs Membership.
1.4 Review Export.
You acknowledge that your reviews consist of comments left by other Members and users and a composite review number compiled by All Gigs, and that the composite number without the comments does not convey your full user profile. Because review ratings are not designed for any purpose other than for facilitating booking between All Gigs Members and users, you agree that you shall not market or export your All Gigs review rating in any venue other than a All Gigs operated website.
1.5 Review Import.
We do not provide you the technical ability to import reviews from other (non-All Gigs operated) websites to All Gigs because a composite number, without the corresponding review, does not reflect your true online reputation within the All Gigs community of Members and users.
2.0 Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL All Gigs BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF All Gigs OR AN All Gigs AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Because we are a venue, in the event that you have a dispute with one or more All Gigs Members or users, you release All Gigs (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Except as expressly provided in this Agreement, to the maximum extent permitted under applicable law, any sample documents provided or generated by All Gigs (which we call "Sample Documents" in this Agreement) are provided "as is" without any kind of warranty. You accept full responsibility for determining whether any Sample Document is suitable for any particular purpose and for protecting yourself against any possible consequential damages.
Except as expressly provided in this Agreement, we are not responsible for any loss, injury, claim, liability, damage, or consequential damage related to your use of Sample Documents, or for inaccessibility of Sample Documents whether from errors or omissions in the content of Sample Documents or any other linked sites or for any other reason. Use of Sample Documents is at your own risk.
All Gigs does not represent or warrant that Sample Documents, its server or any linked sites are free of any harmful materials.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
4.0 Legal Compliance.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of vendor services and other related items.
5.0 No Agency.
You and All Gigs are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to All Gigs. Attn: Legal Department, PO Box 4858, Cairns, QLD, 4870 (in the case of All Gigs) or to the e-mail address you provide to All Gigs during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to All Gigs during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by All Gigs to collect our fees and/or recover damages for, or obtain an injunction relating to, the All Gigs site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the Australian Centre for International Commercial Arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Brisbane, Queensland, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or All Gigs may seek any interim or preliminary relief from a court of competent jurisdiction in Brisbane, Queensland necessary to protect the rights or property of you or All Gigs pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.
8.0 Vendor Membership.
All Gigs has the explicit right, but not the obligation, to suspend and/or remove any All Gigs Member from the All Gigs Web Site at any time at its sole discretion. Without limiting the previous sentence, All Gigs has the explicit right, but not the obligation, to suspend and/or remove any All Gigs member from the All Gigs website without refund of any membership funds paid at any time for any breach or suspected breach of the terms of this Agreement.
8.1 General Rules of Conduct
You are solely responsible for the content or information you publish, display or otherwise communicate in any manner (hereinafter, "post") on the web site, or transmit to other Members or clients.
You will not post on the web site, or transmit to other Members or clients, or otherwise communicate any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). Furthermore you will not take actions to promote the physical harm or harassment of another person, engage in or promote spamming, provide information that you know is illegal, false or misleading, or designed to exploit those under 18 or otherwise provide instructional information about illegal activities such as making or buying illegal weapons, violating someone else's right to privacy or providing or creating computer viruses.
You will use the web site in a manner consistent with any and all applicable local, state, national and international laws and regulations, including, but not limited to, Australian export control laws. You are not located in, under the control of, or a national or resident of any country which Australia has (i) embargoed goods, (ii) identified as a "Specially Designated National", or (iii) placed on the Commerce Department's Table of Deny Orders. Membership in, and use of, the web site is void where prohibited.
You will not provide inaccurate, misleading or false information to All Gigs or to any other Member. If information provided to All Gigs, or another Member or client, subsequently becomes inaccurate, misleading or false, you will promptly notify All Gigs of such change.
You will not engage in advertising to, or solicitation of, other Members or clients to buy or sell any products or services other than live event services through the web site. You will not transmit any chain letters or junk E-mail to other Members or clients.
You will not post, copy, modify, transmit, show in public or private, create any derivative works from, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
You will promptly report to All Gigs any violation of the terms of this Agreement by other Members or clients.
All Gigs reserves the right, but has no obligation, to monitor the materials posted in the public areas of the web site. All Gigs shall have the right, but not the obligation, to remove any such material that in its sole opinion violates, or is alleged to violate, any applicable law or either the letter or spirit of this Agreement. Notwithstanding this right of All Gigs, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST IN THE PUBLIC AREAS OF THE WEB SITE AND IN YOUR PRIVATE E-MAIL MESSAGES. E-mails sent between you and other Members or clients that are not readily accessible to the general public will be treated as private by All Gigs to the extent permitted by applicable law.
8.2 Not Responding To Client Leads.
All Gigs has the explicit right to temporarily suspend or permanently de-activate the Membership of any All Gigs Member who fails to reply to five or more consecutive gig-alert emails.
8.3 Falsifying Bookings.
All Gigs has the explicit right to temporarily suspend or permanently de-activate the Membership of any All Gigs Member who falsifies bookings and/or client information. Falsifying bookings with an attempt to deceive All Gigs clientele by artificially inflating ratings and booking totals is not permitted.
8.4 No-Shows, Cancellations, & Client Deposit/Balance Payment Returns.
All Gigs has the explicit right to temporarily suspend or permanently de-activate the Membership of any All Gigs Member who has been a "no-show" for more than one All Gigs booking and/or fails to return the client's deposit or balance payment for said no-show. All Gigs has the explicit right to temporarily suspend or permanently de-activate the Membership of any AllGigs Member who cancels (for any reason) a booking on an All Gigs client and subsequently fails to return the client's deposit or balance payment.
8.5 Posting of Contact Information.
All Gigs has the explicit right to temporarily suspend or permanently de-activate the Membership of any All Gigs Member who posts contact information on said Member's All Gigs Profile. This contact information includes website URL links and addresses, email links and addresses, and telephone numbers. Contact information may not be posted in Profile photos, Profile text, and Profile audio/video samples. Capital letters may not be used when not appropriate in Profile group names and Profile descriptions.
Further, All Gigs has the explicit right to display (on the profile) the first and last name of any Member who adds their Google+ information into their All Gigs account.
8.6 Derogatory Comments & Slander.
Derogatory and/or slanderous comments made by All Gigs Members about other All Gigs Members and/or other non-All Gigs Members are not permitted. Derogatory and/or slanderous comments made by All Gigs Members about other implied All Gigs Members and/or other implied non-All Gigs Members are not permitted.
8.7 Booking Transaction Interference.
All Gigs Vendors may not contact an All Gigs client with an offer or suggestion to book an All Gigs Gig ("Gig" has an assigned All Gigs Gig ID number) outside of All Gigs. All Gigs Vendors are not permitted to interfere with another All Gigs Vendor's booking. All Gigs Vendors are not permitted to email or telephone All Gigs clients in an open or completed booking to warn them away from hiring an All Gigs vendor. Discouraging clients from hiring other All Gigs Vendor Members is not permitted. Discouraging and/or preventing clients from booking you through All Gigs is not permitted.
8.8 Farming of Client Leads.
The act of 'farming' out client leads is not permitted. All Gigs defines 'farming' out of client leads as "to give up (as an estate or a business) to another on condition of receiving in return a fixed sum", meaning – All Gigs' vendors are strictly prohibited from taking client leads provided to them and transferring these client leads to non-All Gigs vendors and entities. A client lead is only to be utilized by the All Gigs vendor who received said client lead from All Gigs. If AllGigs.com.au discovers that a particular All Gigs vendor is farming out client leads, All Gigs reserves the right to temporarily suspend or permanently remove said All Gigs Member from the All Gigs website and to terminate said All Gigs Member's Membership.
8.9 Member Profile Photos, Audio, & Video.
All Gigs is committed to providing our Members and Users with a secure, comfortable environment. Nude, obscene, sexual behavior, sexual or otherwise offensive photos, audio samples, or video samples are subject to potential removal. If the subject in your photo would be considered unacceptable on a family friendly public beach or not permitted to be shown on regular television, your photo will not be permitted on All Gigs. All Gigs reserves the right to crop or reject any photo at our discretion. All Gigs reserves the right to reject any audio or video sample at our discretion.
8.10 Memberships Which Dissolve Due to Breakups or Other Extenuating Circumstances.
If an All Gigs vendor ("vendor" can be either a solo act (with an agent listed as the contact person on the solo act's account), duo, trio, quartet, quintet, ensemble or full band) breaks up, All Gigs reserves the right to keep active, transfer, or terminate said Membership at the discretion of what All Gigs deems ("reasonable man") appropriate, unless outside legal counsel or court of law dictates to the contrary. All Gigs also reserves the right to keep active, transfer, or terminate previous client reviews attached to any All Gigs Member vendor profile at the discretion of what All Gigs deems ("reasonable man") appropriate, unless outside legal counsel or court of law dictates to the contrary. General rules of thumb:
In the event of a duo breakup, both vendors of the duo will typically need to re-register for brand new All Gigs Memberships in order to remain with All Gigs.
In the event of a breakup involving larger groups (trio, quartet, quintet, ensemble or full band), majorities rule. For example, if a five person band breaks up, and four of the five members remain together, All Gigs will typically give these four members the right to hold onto the original All Gigs Membership and/or previous client reviews.
8.11 Use of Sample Documents
You agree not to use any Sample Documents for any purpose which is against any law in your jurisdiction.
8.12 Membership Termination
All Gigs reserves the right to terminate your membership at our discretion without notice. If we do so, you will receive a refund of a prorated amount based on any unused portion of your membership time remaining.
9.0 Event Entertainment Protection Policy.
9.1 Vendor Cancellation More Than 14 Days Prior To The Event.
All Gigs will refund the booking fee and the vendor is not assessed a penalty. Client cannot post reviews.
9.2 Vendor Cancellation Within 14 Days Of The Event.
All Gigs will refund the booking fee and All Gigs reserves the right to issue the vendor a "no show" penalty, All Gigs reserves the right to issue the vendor Strike 1, and the vendor faces possible suspension or termination of Membership. Client may post a review.
In the case of a ‘No-Show’ where a replacement vendor is found - If the client has paid the booking fee, client will be refunded the original booking fee and the booking fee for the replacement will be waived. If the vendor has paid the booking fee, vendor will forfeit their booking fee and the booking fee for the replacement be waived.
In the case of a ‘No-Show’ where no replacement is found If the vendor has paid the booking fee, they will forfeit their booking fee.
9.3 Client Cancellation More Than 14 Days Prior To The Event.
All Gigs will refund the booking fee. Client cannot post a review.
9.4 Client Cancellation Within 14 Days Of The Event.
All Gigs will refund the booking fee. Client cannot post a review.
9.5 Bookings which take place within 14 days of the event date and vendor cancels within 24 hours.
All Gigs will cancel the booking, refund the booking fee, and try and help the client find a replacement vendor.
9.51 Bookings which take place within 14 days of the event date and vendor cancels after 24 hours have passed.
All Gigs will refund the booking fee, All Gigs reserves the right to issue the vendor a "no show" penalty, All Gigs reserves the right to issue the vendor Strike 1, and the vendor faces possible suspension or termination of Membership. Client may post a review. All Gigs will try and help the client find a replacement vendor.
10.0 Two Strike Rule.
If All Gigs has warned any All Gigs Member one-time about any Membership violations in this User Agreement, and said Member has corrected and resolved the violation, and then said Member violates anything contained within the All Gigs User Agreement a second time, All Gigs will issue said Member Strike One. If said Member violates anything contained within the All Gigs User Agreement a third time, All Gigs will issue said Member Strike Two and shall permanently ban said Member from All Gigs Membership effective immediately. All Gigs also has the explicit right to remove any All Gigs Member at any time as circumstances warrant.
11.0 Booking Fees.
When a booking occurs through the All Gigs platform, All Gigs collects a 5% ($20.00 minimum) booking fee. Should the vendor not perform at the event, the fee will be refunded. Booking fee refund requests must be filed with All Gigs no later than 7 days after the event date.
12.0 Online Payment Guarantee.
In order to be eligible to receive a full ($2,000.00 maximum) deposit or ($5,000.00 maximum) balance payment refund, ALL of the following criteria must be met:
- 1. You must have booked your event vendor through AllGigs.com.au.
- 2. You must have paid your deposit or balance through AllGigs.com.au.
- 3. The vendor you booked through All Gigs must have been a no-show at your event.
- 4. You must notify All Gigs about this within 7 days of your event date.
Once All Gigs has received confirmation of the no-show from both the client and the vendor, a refund will be issued immediately, and All Gigs reserves the right to suspend the vendor from the All Gigs website.
13.0 Automatic Membership Renewal (Auto-Renew)
When you sign up, upgrade or renew your membership, you are automatically entered into our auto-renew program. This means that we will charge the credit card you supplied at the start of each new membership term at the same membership level.
13.1 Opting Into Auto Renew with a Discounted Rate
If you purchase an All Gigs membership at a discounted rate after 01/01/2016 and stay opted into Auto Renew, your discount will continue to apply to all future membership renewals. Your rate will be locked in.
13.2 How to Cancel Membership or Disable Automatic Membership Renewal
You may cancel your membership by contacting All Gigs at email@example.com. If you cancel your membership within 30 days after the initial membership date or the start of a newly renewed term renewal date, your cancellation will be effective immediately and you will receive a 100% refund. You may disable Auto Renew in the Account tab, “Billing Information” section of your Member Control Panel, at any time.
13.3 Thirty Day Money Back Guarantee
All Gigs memberships are protected by a thirty (30) day, 100% money-back guarantee. If you choose to cancel your membership within 30 days of your original registration date or within 30 days of your newly renewed term, within your membership renewal date, you will be refunded the full amount paid for membership. Refunds can take three to five business days to process.
13.4 Lite Memberships
Lite memberships are offered for a 3 month term. There is no guarantee they will continue to be offered and/or offered for free after the agreed upon membership length.
The services hereunder are offered by AllGigs.com.au., located at 41 Oleander Drive, Yungaburra, QLD.