Terms of Use
Request Artists Enterprises | Website Terms of Use
- General
1.1 Your use of www.requestartists.com.au (‘Website’) is deemed to be your acceptance of these Terms of Use. Please read them carefully.
1.2 Request Artists Enterprises (‘we, our or us’) may revise and change these Terms of Use from time to time at our discretion.
1.3 By continuing to use this Website you accept, and agree to abide by, the Terms of Use.
1.3 These Terms of Use are binding upon, and will inure to the benefit of the parties, their successors and permitted assigns.
1.4 If any of these terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms will remain in force.
- Material
2.1 The purpose of this Website is to provide you with a platform where you can engage music artists for events. We are not artists and do not provide the services which artists provide. Although we have undertaken due diligence of the artists, we do not take any responsibility for the services provided by them.
- Use
3.1 The Website provides and online connection service to connect Artists with potential Customers. Your use of this website is entirely at your own risk, as we act solely as a passive conduit of information.
3.2 Our services are available only to persons who can form legally binding contracts in accordance with the law.
3.3 Your use of this Website, our services and the information you provide, must not:(a) be false, inaccurate or misleading;
(b) be fraudulent or deceptive;
(c) infringe on any third party’s copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
(d) violate any applicable law (including those governing customer protection, unfair competition, criminal law, anti-discrimination or trade practices law);
(e) be defamatory, threatening, harassing, unlawfully discriminative or offensive;
(f) contain any viruses, trojan horses, time bombs, trap doors, back doors, Easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devise or other computer programming routines that may or are intended to damage, modify, delete, interfere with, intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Website.
(g) damage the integrity of the Website or Request Artists Enterprises, or dilute, tarnish or otherwise harm our brand in any way;
(h) breach or violate any of our policies;
(i) use our Website in connection with the distribution of unsolicited commercial email (“spam”) advertisements;
(j) attempt to gain unauthorised access to the Website or networks connected to the Website; or
(k) tamper with, hinder the operation of or make unauthorised modifications to the Website.
- Intellectual property
4.1Unless otherwise indicated, we own the copyright and other intellectual property rights in the following (‘Content’) on the Website:
- (a) text;
- (b) graphics;
- (c) videos;
- (d) information;
- (e) designs;
- (f) data; and
- (g) other content.4.2 While you may browse or print the Content for non-commercial, personal or internal business use, you must obtain our written consent if you would like to use, copy or reproduce any part of this Website for any other purpose.
4.3 All trademarks which appear on the Website belong to their respective owners.
4.4 All services provided by artists through this website belong to the respective Artist.
- Reliance
5.1 The information on this Website has been compiled for general information purposes only and you should not act or fail to act on behalf of the basis of it. We do not guarantee the accuracy, completeness, reliability or timeliness of the Website or any services provided through it.
- Third party links
6.1 This Website may contain links to other sites over which we have no control. Those links are provided for your convenience only, and we are not responsible for their use, effect or content.
6.2 We make no representations or warranties as to, and accept no responsibility for the accuracy of information on those sites, nor do we endorse any information, opinions, goods or services referred to on them.
- Access and termination
7.1We may remove or disable access to this Website or any part of it at our discretion and without prior notice without being liable for any loss suffered by you or a third party as a result.
7.2We may also remove or disable access to this website or any part of it or cease services if:
- (a) you breach any of the Terms of Use;
- (b) we are required to by law;
- (c) the services rely on service provided by a third party partner and the relationship with such partner has expired, been terminated or altered in an adverse manner; or
- (d) provision of the services is no longer commercially reasonable to us.7.3You can terminate this agreement at any time by discontinuing your use of the Website and/or the services.
- Private Policy
8.1Your use of the Website is governed by our Privacy Policy which is available on our Website.
- Liability
9.1 You may have certain rights and remedies (including, without limitation, consumer guarantee rights) that cannot be excluded, restricted or modified by agreement. Nothing in these terms operate to exclude, restrict or modify the application of any implied condition or warranty, provision, the exercise of any right or remedy, or the imposition of any liability under the Australian Consumer Law (as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other statute where to do so would contravene that statute, or cause any term of this agreement to be void (‘Non-excludable Obligation’).
9.2 Except in relation to Non-excludable Obligations, all conditions, warranties, guarantees, rights, remedies, liabilities or other terms that may be implied by custom, under the general law or by statute are expressly excluded under these Terms of Use.
9.3 Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from use of this Website or the Content.
9.4 Your use of any services acquired through the Website is governed by our Customer Agreement.
- Indemnity
10.1 To the extent permitted by law, you agree to indemnify and hold us harmless from and against any actions, claims, demands, proceedings, loss of every kind, known and unknown, including legal fees and claims made by third parties, due to or arising out of:(a)your use of the Website or your violation of any law or the rights of a third party; and/or
(b)your breach of these Terms of Use.
- Governing law
11.1 These Terms of Use are to be governed by and construed in accordance with the State of Victoria, Australia.
11.2 If any term of these Terms of Use conflict with the provision of any legislation of the Commonwealth of Australia or any State/Territory, the legislation of the Commonwealth of Australia will prevail.
11.3 This Website may be accessed from outside Australia. We make no representation that the Content available through the Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in place where you are located.