Terms and conditions

  1. TALENT TERMS OF USE & SERVICE
  2. CLIENT AGREEMENT

TALENT TERMS OF USE & SERVICE

General

The following Terms of Use and Service apply to the products and services provided exclusively by theright.fit (ACN 606 825 441).

In this document, the words

  1. Booking Service, We, Us or Our means theright.fit Website the theright.fit App and theright.fit Pty Ltd, and all of its related entities.
  2. Talent means a user of the Booking Service who has identified his or her self as a provider of professional services on the Booking Service, as more specifically described in the Talent Profile.
  3. Producer means a user of the Booking Service who has identified his or her self as requiring professional services on the Booking Service.
  4. Job Profile means a description of the services required to be provided by an Talent by a Producer, as it appears on the Booking Service.
  5. Talent Profile means the information and profile created by an Talent through his or her use of the Booking Service, and may include both publically viewable information, privately protected information and other information required to assist with the Talent’s use of the Booking Service.
  6. Subscription Fee means a fee payable to us for use of the Booking Service, as varied from time to time.
  7. Booking Fee means a fee payable to us by you upon execution of a third party Agreement between you and a Producer.
  8. Content means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Booking Service.

This Terms of Use and Service Document applies to and should be read in conjunction with the Privacy Policy (collectively, the ‘Agreement’), which is available on theright.fit/terms.

By using or accessing the Booking Service, you (“you”) agree to all the terms and conditions of the Agreement, and if you do not agree to all the terms and conditions of the Agreement you should not and are not permitted to use the Booking Service.

MODIFICATIONS TO THE AGREEMENT

The Booking Service reserves the right in its sole discretion, to modify the Agreement at any time by posting a revised Agreement to theright.fit/terms. Please carefully read these Terms of Use & Service and check back often. If you do not agree to any change to the Terms of Use & Service then you must immediately stop using the Booking Service.

Modifications are effective when posted, and your use of the Booking Service following any such posted modification and notice of same constitutes your acceptance of the terms and conditions of this Agreement as modified. Any changes made after you have placed an order will not affect that order unless we are required to make the change by law.

PRIVACY

Any information you provide to us, either intentionally, incidentally, or indirectly, via the Booking Service is subject to our Privacy Policy, which governs our collection and use of your information. You agree that through your use of the Booking Service you consent to the collection and use (as set forth in the Privacy Policy) of this information.

You consent to the disclosure of your information, and agree that Privacy Principle 8.1 of the Australian Privacy Policies will not apply to any disclosure of your information to third parties who are not in Australia.

YOUR PROFILE

In order to use the Booking Service you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address, and other requested information as indicated. You will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.

All information provided to us must:

  1. be accurate and correct to the best of your knowledge; and
  2. not infringe on the rights of any third parties, including but not limited to, content that infringes on intellectual property rights such as copyright and trademark rights; and
  3. not contain offensive, inappropriate, obscene, unlawful or otherwise objectionable content.

Upon successful completion the sign up process, we will provide you with an account, accessible for you by a password of your choice. This clause is a material term, and a breach of the same is grounds for immediate termination of this Agreement.

You agree that we may use personal information provided by you in order to conduct appropriate anti-fraud or background checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

You are responsible for ensuring that the Talent Profile, any agreement between the Talent and a Producer, and any other activities conducted on the Booking Service are lawful. You agree to comply with all applicable laws in Australia and other relevant countries.

No individual under the age of 16 (sixteen) may use the Booking Service or provide any information to the Booking Service or otherwise through the Booking Service (including, for example, a name, address, telephone number, or email address) without the prior consent of a parent or guardian.

We reserve the right to refuse registration from individuals under 18 (eighteen) years of age.

PAYMENT

  1. Use of and access to the Booking Service may be subject to a Subscription Fee.
  2. Facilitation of an an agreement with a Producer via the Booking Service, is subject to a Booking Fee.
  3. The Subscription Fee is payable in advance and is not refundable or partially refundable, except as required under the Competition and Consumer Act 2010.
  4. Prices may be displayed in different currencies and are based on current exchange rates however, all transactions will be processed in Australian Dollars.
  5. The payment methods that we accept are Visa, MasterCard and American Express. All payments are processed through SecurePay pty ltd and no orders will be dispatched until payment has been received in full. We may contact you to verify your personal details before dispatching your order.

SERVICES OFFERED

The Booking Service is a job board service which facilitates the creation of a commercial relationship between Talent and Producers so that a third party contractual agreement can be entered into between the Talent and the Producer.

You may in your absolute discretion choose to enter into an an agreement with a Producer via the Booking Service.

You are not obliged to enter into any agreement with a Producer, or any other third party, via the Booking Service.

If you enter into an agreement with a Producer via the Booking Service, the Booking Service will provide information regarding the Producer and theServices that you are required to provide.

You agree, warrant and acknowledge that:

  1. the Booking Service is not your employer, or an employer of any Talent;
  2. the Booking Service does not and will not make any payment for services to you or to any Talent;
  3. you authorise the Booking Service to send invoice, on your behalf, to the Producer the Services are provided to.
  4. you are responsible for, and aware of, taxation withholding requirements, superannuation payment requirements and other legal obligations relating to the provision of any services by you;
  5. the Booking Service is not a party to any agreement between you, or any Talent, and any Producer.
  6. to the best of your knowledge, you are in good physical condition and fully able to provide the Services.
  7. you have full power to enter into this Agreement and that the terms of this Agreement do not in any way conflict with any existing commitment on your part.

theright.fit may offer other services through the Booking Service from time to time.

LIMITATIONS OF USE

You may not do any of the following while accessing or using the Booking Service:

  1. access, tamper with, or use non-public areas of the Booking Service, or the computer or delivery systems of the Booking Service and/or its service providers;
  2. probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
  3. access or search or attempt to access or search the Booking Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by the Booking Service (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with the Booking Service;
  4. scrape the Booking Service, and particularly scrape Content from the Booking Service, without the express prior written consent of the Booking Service;
  5. use the Booking Service to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers;
  6. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Booking Service, or by scripted use of the Booking Service in such a manner as to interfere with or create an undue burden on the Booking Service; or
  7. take any action that may undermine the feedback or ratings systems used on the Booking Service.

INTELLECTUAL PROPERTY

For Content uploaded by you, or given to us, for use on the Booking Service, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license for its use.

This website contains Content which is owned by or licensed to the Booking Service. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

Reproduction of all Content that appears on the Booking Service is prohibited.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. The Booking Service and/or third parties retain ownership of all intellectual property rights in all Content.

Unless otherwise indicated, all materials on the Booking Service, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. Except for the bona fide purpose of considering an invitation to treat from the Retailer or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by the Booking Service.

Any other use of materials on this website, including reproduction for purpose other than your personal non-commercial use, modification, distribution or republication, without the prior express written permission of the Booking Service is strictly prohibited.

APPLICABLE LAW AND JURISDICTION

Your use of the Booking Service is governed in all respects by the laws of the State of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any legal proceeding directly or indirectly arising out of or relating to the Booking Service.

DISCLAIMER

You release, waive, discharge and indemnify the Booking Service, its directors, and all persons acting under its permission or authority from and against any and all claims arising out of or related to any loss, costs, damage, prosecution, financial liability, or injury, including death, that may be sustained by you, or to any property belonging to you, while participating in any activity arising out of or related to your use of the Booking Service.

The information contained on the Booking Service is for general information purposes only. The information is provided by the Booking Service and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Booking Service or the information, products, services, or related graphics contained on the Booking Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

The Booking Service may contain errors and inaccuracies and we reserve the right to correct any errors or inaccuracies and to update information at any time without any notice.

The Booking Service shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the use of the Booking Service.

This website may contain links to other websites. The Booking Service is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by the Booking Service. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.

This website may content, imagery, text and other media generated by users of the websites. We make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Booking Service or the information, products, services, or related graphics contained on the Booking Service for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Every effort is made to ensure the efficient operation of the Booking Service and Booking Service and that the information contained within the Booking Service is accurate at all times. However, the Booking Service takes no responsibility, and will not be liable for the Booking Service becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond our control.

To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

Termination

We may, in our absolute discretion, refuse service to any person or entity.

We may, in our absolute discretion and with immediate effect, terminate this Agreement and remove your Talent Profile from the Booking Service.

We may, without notice to you and in our sole discretion, delay any Talent Profile, issue you a warning, restrict your activities through our site, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if:

  1. you have, or we believe that you have, breached this Agreement;
  2. we are unable to verify or authenticate any information you provide to us;
  3. we believe that your actions may cause loss or damage to or otherwise unlawfully harm you, our users, third parties or us, our related bodies corporate or affiliates, our directors, employees or agents; or
  4. if we reasonably believe that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

Other Matters

Failure or omission by us at any time to enforce or require strict or timely compliance with any provision of this agreement will not affect or impair that provision, or the right of the Booking Service to avail itself of the remedies it may have in respect of any breach of a provision, in any way.

If any provision of the agreement should be held to be invalid in any way or unenforceable, the remaining provisions must not in any way be affected or impaired. This agreement must be construed so as to most nearly give effect to the intent of the parties as it was originally executed.


CLIENT AGREEMENT

This Agreement is made between

theright.fit Pty Ltd (ACN 606 825 441) (“theright.fit”)

and

[Client Name] (ACN XXX XXX XXX) (“Client”)

General

In this document, the words

  1. Booking Service means the theright.fit Website the theright.fit App and all related services offered by theright.fit.
  2. Artist means a user of the Booking Service who has identified his or her self as a provider of professional services on the Booking Service, as more specifically described in the Artist Profile.
  3. Job Profile means a description of the services required to be provided by an Artist by a Client, as it appears on the Booking Service.
  4. Artist Profile means the information and profile created by an Artist through his or her use of the Booking Service, and may include both publically viewable information, privately protected information and other information required to assist with the Artist’s use of the Booking Service.
  5. Subscription Fee means a fee payable to theright.fit for use of the Booking Service, as varied from time to time.
  6. Booking Fee means a fee payable to theright.fit by the Client upon execution of a third party Agreement between the Client and a Client.
  7. Content means a creative expression and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, and comments, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Booking Service.
  8. Artist Agreement means the Standard Artists Agreement available at theright.fit/terms
  9. Privacy Policy means the Privacy Policy for the Booking Service, available at theright.fit/privacy

This agreement applies to and should be read in conjunction with the Privacy Policy (collectively, the “Agreement”), which is available on theright.fit/privacy.

ARTISTS AGREEMENT

The Client:

  1. Authorises theright.fit to provide for consideration and agreement the Artist Agreement in accordance with the Client’s instructions via the Booking Service.
  2. The Client warrants that it has read and understands the terms contained in the Artist Agreement.

PRIVACY

Any information the Client provide to theright.fit, either intentionally, incidentally, or indirectly, via the Booking Service is subject to the Privacy Policy, which governs theright.fit’s collection and use of the Client’s information. The Client agrees that through the Client’s use of the Booking Service the Client consent to the collection and use (as set forth in the Privacy Policy) of this information.

The Client consent to the disclosure of the Client’s information, and agree that Privacy Principle 8.1 of the Australian Privacy Policies will not apply to any disclosure of the Client’s information to third parties who are not in Australia.

JOB PROFILE

In order to use the Booking Service the Client will be required to prepare a Job Profile. In particular, the Client must provide its name, phone number, e-mail address, the services required of an Artist, the specific time and date for provision of those services and other requested information as indicated.

The Client will be required to provide payment details that the Client represents and warrants are both valid and correct and the Client confirm that the Client is the person referred to in the billing information provided.

The Client warrants that all Content and information provided to theright.fit must:

  1. be accurate and correct to the best of the Client’s knowledge; and
  2. not infringe on the rights of any third parties, including but not limited to, content that infringes on intellectual property rights such as copyright and trademark rights.

Upon successful completion the sign up process, theright.fit will provide the Client with an account, accessible for the Client by a password of its choice.

The Client agree that theright.fit may use personal information provided by the Client in order to conduct appropriate anti-fraud or background checks. Personal Information that the Client provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.

The Client is responsible for ensuring that the Job Profile, any agreement between the Client and an Artist, and any other activities conducted on the Booking Service are lawful. The Client agrees to comply with all applicable laws in Australia and other relevant countries.

PAYMENT

Use of and access to the Booking Service may be subject to a Subscription Fee.

Facilitation of an agreement with an Artist via the Booking Service, is subject to a Booking Fee.

The Subscription Fee is payable each calendar month in advance and is not refundable or partially refundable, except as required under the Competition and Consumer Act 2010.

Prices may be displayed in different currencies and are based on current exchange rates however, all transactions will be processed in Australian Dollars.

The payment methods that theright.fit accept are **Visa, MasterCard and American Express. All payments are processed through SecurePay pty ltd and no orders will be dispatched until payment has been received in full. theright.fit may contact the Client to verify the Client’s personal details before dispatching the Client’s order.

SERVICES OFFERED

The Booking Service is a job board service which facilitates the creation of a commercial relationship between Artists and the Client so that a third party contractual agreement can be entered into between the Artist and the Client.

The Client may in its absolute discretion choose to enter into an an agreement with an Artist via the Booking Service.

The Client is not obliged to enter into any agreement with an Artist, or any other third party, via the Booking Service.

If the Client enters into an agreement with an Artist via the Booking Service, the Booking Service will provide information regarding the Client and the Services that the Client requires to the Artist.

The Client agrees, warrants and acknowledges that:

  1. the Artist is not an employee of theright.fit and no joint venture, partnership or agency exists between:
    1. theright.fit and any Artist; or
    2. theright.fit and the Client.
  2. The Client is aware of taxation withholding requirements, superannuation payment requirements and other legal obligations relating to the Services provided by the Artist, if any;
  3. theright.fit is not a party to any agreement between the Client and an Artist;
  4. the Client has full power to enter into this Agreement and that the terms of this Agreement do not in any way conflict with any existing commitment on the Client’s part.

LIMITATIONS OF USE

The Client may not do any of the following while accessing or using the Booking Service:

  1. access, tamper with, or use non-public areas of the Booking Service, or the computer or delivery systems of the Booking Service and/or its service providers;
  2. probe, scan, or test any system or network (particularly for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures;
  3. access or search or attempt to access or search the Booking Service by any means (automated or otherwise) other than through the Booking Service’s currently available, published interfaces that are provided by the Booking Service (and only pursuant to those terms and conditions), unless the Client has been specifically allowed to do so in a separate agreement with the Booking Service;
  4. scrape the Booking Service, and particularly scrape Content from the Booking Service, without the express prior written consent of the Booking Service;
  5. use the Booking Service to send altered, deceptive, or false source-identifying information, including without limitation by forging TCP-IP packet headers or e-mail headers;
  6. interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Booking Service, or by scripted use of the Booking Service in such a manner as to interfere with or create an undue burden on the Booking Service; or
  7. take any action that may undermine the feedback or ratings systems used on the Booking Service.

INTELLECTUAL PROPERTY

For Content uploaded by the Client, or given to us, for use on the Booking Service, the Client grants theright.fit a non-exclusive, transferable, sub-licensable, royalty-free, perpetual worldwide license for its use.

This website contains Content which is owned by or licensed to the Booking Service. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

Reproduction of all Content that appears on the Booking Service is prohibited.

All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website. The Booking Service and/or third parties retain ownership of all intellectual property rights in all Content.

Unless otherwise indicated, all materials on the Booking Service, and the website itself, are protected by copyrights, trademarks and/or other intellectual property rights. Except for the bona fide purpose of considering an invitation to treat from the Retailer or as otherwise permitted by the Copyright Act 1968, this site or any portion of this site may not be reproduced, duplicated, copied, sold, re-sold or otherwise exploited for any commercial purpose that is not expressly permitted by the Booking Service.

Any other use of materials on this website, including reproduction for purpose other than the Client’s personal non-commercial use, modification, distribution or republication, without the prior express written permission of the Booking Service is strictly prohibited.

APPLICABLE LAW AND JURISDICTION

The Client’s use of the Booking Service is governed in all respects by the laws of the State of New South Wales, Australia. The Client agrees to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any legal proceeding directly or indirectly arising out of or relating to the Booking Service.

In the event of any controversy or dispute between the Parties arising out of or in connection with the Client’s use of the Booking Service, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

DISCLAIMER

The Client releases, waives, discharges and indemnifies theright.fit, its directors, and all persons acting under its permission or authority from and against any and all claims arising out of or related to any loss, costs, damage, prosecution, financial liability, or injury, including death, that may be sustained by theright.fit, or to any property belonging to theright.fit, while participating in any activity arising out of or related to the Client’s use of the Booking Service.

The information contained on the Booking Service is for general information purposes only. The information is provided by the Booking Service and while theright.fit endeavours to keep the information up to date and correct, theright.fit makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Booking Service or the information, products, services, or related graphics contained on the Booking Service for any purpose. Any reliance the Client place on such information is therefore strictly at the Client’s own risk.

The Booking Service may contain errors and inaccuracies and theright.fit reserves the right to correct any errors or inaccuracies and to update information at any time without any notice.

The Booking Service shall not be liable for any indirect or consequential damages and, in particular, shall accept no liability whatsoever for loss of income deriving from the use of the Booking Service.

This website may contain links to other websites. The Booking Service is not responsible for the availability of, or any content or material contained in, or obtained through, any such websites. Any link to another website, and reference to third-party information, products or services linked to this website, is not, and should not be construed as, an express or implied endorsement by the Booking Service. Any questions or comments relating to such other websites should be addressed to the operator or operators of those websites.

This website may content, imagery, text and other media generated by users of the websites. theright.fit make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the Booking Service or the information, products, services, or related graphics contained on the Booking Service for any purpose. Any reliance the Client place on such information is therefore strictly at the Client’s own risk.

Every effort is made to ensure the efficient operation of the Booking Service and Booking Service and that the information contained within the Booking Service is accurate at all times. However, the Booking Service is not responsible for, and is not liable for the Booking Service becoming temporarily unavailable in the instance of technical issues or any associated problems arising from technical or other associated issues beyond theright.fit’s control.

To the full extent permitted by law, theright.fit exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.

To the full extent permitted by law, theright.fit exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.

Termination

theright.fit may, in its absolute discretion and with immediate effect, terminate this Agreement and remove the Client’s Artist Profile from the Booking Service.

theright.fit may, without notice to the Client and in theright.fit’s sole discretion delay listing a Job Profile, issue the Client a warning, restrict the Client’s activities on the Booking Service, temporarily suspend, indefinitely suspend or terminate the Client’s login and refuse to provide services to the Client if:

  1. the Client has, or theright.fit believes that the Client has, breached this Agreement;
  2. theright.fit are unable to verify or authenticate any information the Client has provides via the Booking Service;
  3. theright.fit believes that the Client’s actions may cause loss or damage to or otherwise unlawfully harm the Client, theright.fit’s users, third parties or theright.fit, related bodies corporate or affiliates and its directors, employees or agents; or
  4. if theright.fit reasonably believes that any of your information (which includes an item listed on the site) is inappropriate or of an offensive nature.

Other Matters

If the whole or any part of any clause of this Agreement is illegal or unenforceable, it will be severed from this Agreement and will not affect the continued operation of the remaining provisions of this Agreement.

This Agreement:

  1. accurately reflects the agreement between the parties as to its subject matter;
  2. records the entire agreement between the parties with respect to the subject matter of the Agreement;
  3. supersedes all prior representations and agreements in connection with that subject matter; and
  4. may only be altered in writing signed by both parties.

The failure of a party at any time to insist in performance of any obligation of the other party under this Agreement is not a waiver of its right:

  1. to insist on performance of, or claim damages for breach of, that obligation unless that party acknowledges in writing that the failure is a waiver; and
  2. at any other time to insist on performance of that or any other obligation of the other party under this Agreement.

This Agreement does not create a relationship of employment, agency or partnership between the parties.

This Agreement is governed by the laws and the Parties submit to the non exclusive jurisdiction, of the courts of New South Wales, Australia.