ICONIC DELIVIERIES / ICONIC ROADIES / ICONIC PRODUCTION RUN Terms and Conditions for ALL DELIVERY BOOKINGS & SERVICE

ICONIC PRODUCTIONS Pty Limited (ABN 58 141 824 599) and all Iconic Deliveries, Iconic Roadies and Iconic Production Runs online booking forms and submissions are processed by Iconic Productions ("PRODUCTION COMPANY").

As the customer and internet browser (you) we recommend that you read these Terms and Conditions carefully before using the Site or making a purchase/booking or signing our delivery booking submission form. By using ICONIC PRODUCTIONS online Site/Forms or by making a booking with ICONIC PRODUCTIONS by any means including but not limited to electronic bookings, online bookings, over the telephone, by facsimile or mail orders, you are agreeing to be bound by the following terms and conditions. If you choose not to be bound by the terms and conditions prior to make a booking/purchase, ICONIC PRODUCTIONS does not grant you the right to use the Site and you must cease using this Site and any other means in making a booking/purchase or signing a contract of engagement.

VARIATION
The PRODUCTION COMPANY may vary these Terms and Conditions at any time. Any variations become effective on posting. By accepting these terms and conditions and Contract of Engagement after the terms and conditions have been varied, you agree to be bound by the variation.
Last updated November 26, 2022.

Iconic Productions Booking Terms and Conditions are current as of:

In this Agreement, unless the context clearly indicates otherwise, the following words have the following meaning:

  1. DEFINITIONS
    1. Agreement means this document including the Schedules.
    2. PRODUCTION COMPANY and/or "we" and/or "us" and/or "our" used herein or on any correspondence, document, invoice, digital means, electronic email or web-page owned, operated, or managed by the PRODUCTION COMPANY refers to ICONIC PRODUCTIONS as associated with the event.
    3. EVENT used in any correspondence, document, invoice, digital means, electronic email or web-page owned, operated or managed by the PRODUCTION COMPANY refers to any event, delivery and/or service and/or activity associated with the event which has been purchased and/or booked from the PRODUCTION COMPANY by the CUSTOMER.
    4. YOU and/or YOUR and/or YOURSELF and/or CUSTOMER and/or CLIENT used in any correspondence, document, invoice, digital means, electronic email or web-page, owned, operated or managed by the PRODUCTION COMPANY means and refers to the customer (the client), adult, parent and/or guardian, the Principal Owner, Company Director, Company Secretary and/or associates of the CUSTOMER including but not limited to the CUSTOMER's staff, sub-contractors participants or other affiliations or associates. 
    5. Approved Expenses means any and all of the Approved Purchase and Approved Expenses.
    6. Approved Props means Props that have been pre-approved by the PRODUCTION COMPANY for usage in relation to a Delivery or Booked Event.
    7. Approved Purchase means expenses pre-approved by the PRODUCTION COMPANY pursuant to related clauses.
    8. Approved Travel Expenses means accommodation and travel expenses pre-approved by the PRODUCTION COMPANY pursuant to the related clauses.
    9. Associates means directors, officers, employees, servants, partners, agents, and related bodies corporate of the party specified.
    10. Authorised Recipient means the participant or company who is authorised, to whom the Consignment and/or event is to be delivered.
    11. Authorised Sender means a participant who is authorised to provide the Carrier with the Consignment at the pick-up address.
    12. Booked Event or Booking or Delivery means the provision of services whereby a Carrier will pick up a Consignment from one location and deliver to another location for you pursuant to the Event which has been booked and/or purchased by the CUSTOMER to be delivered on a date as scheduled by the PRODUCTION COMPANY.
    13. Business means the business of the CUSTOMER.
    14. Business Name means the registered name of the CUSTOMER as registered with the appropriate government body within the jurisdiction.
    15. Cancellation and/or Refund used in any correspondence, document, invoice, digital means, electronic email or web-page, owned, operated or managed by the PRODUCTION COMPANY means the same and refers to a cancellation or refund request of a booked, or purchased, or order event made by you.
    16. Carrier means the Production Company's Driver (including a person trading under a business name), partnership or entity approved by Production Company to use the Platform and includes any employee of such Carrier.
    17. Claim means any claim, notice, demand, action, proceeding, litigation, investigation, audit, judgment, damage, loss, cost, expense, or liability however arising and whether present, unascertained, immediate, future or contingent and whether based in contract, tort or statute and whether involving a third party or a party to this Agreement.
    18. Confidential Information means information of or pertaining to the PRODUCTION COMPANY and/or the CUSTOMER and includes, but is not limited to, matters not generally known outside the PRODUCTION COMPANY, such as developments relating to existing and future products and services marketed or used or to be marketed or used, or rejected, by the PRODUCTION COMPANY and persons or companies dealing with the PRODUCTION COMPANY and also information relating to the general business operations with the PRODUCTION COMPANY including:
      1. customer/licensee/distributor lists (of actual and proposed customer/licensee/distributors);
      2. cost and selling price information;
      3. trade secrets, know-how, and specifications in respect of the PRODUCTION COMPANY'S products;
      4. business and marketing plans;
      5. third party information disclosed to the PRODUCTION COMPANY in confidence,
        and EXCLUDES:
        1. the information which is in the public domain other than due to a breach of an obligation of confidence under this Agreement; or
        2. the information which the CUSTOMER is required by law to disclose.
    19. Consignment means the item or items which is/are carried by the Carrier in performing the Booking.
    20. Consumer means the item(s) from a store or other participant, not including the PRODUCITON COMPANY, which are purchased by the CUSTOMER for a booked event to be delivered to the CUSTOMER.
    21. CPI Index Number means the Consumer Price Index (All Groups) within the jurisdiction of the governing law of the country that governs the CUSTOMER's events, published from time to time by the related Bureau of Statistics, or in the occurence that there is a suspension or discontinuance of such Index, the Index or number which most closely reflects the cost of living in the jurisdiction.
    22. Demand means a written notice of, or demand for, an amount payable, or for any other action.
    23. Event Call Sheet or Event Management Job Sheet, or Event Call Job Sheet means a document of that name and style in the format issued by the PRODUCTION COMPANY from time to time (where applicable), to each CUSTOMER involved in the EVENT.
    24. Event means any Booked Event, Delivery or Consignment at any private or public location or venue which has been booked and/or purchased by the CUSTOMER to be delivered on a date as scheduled by the PRODUCTION COMPANY.
    25. Force Majeure means an act, omission, or circumstance over which the CUSTOMER could not reasonably have exercised control.
    26. Indemnity means the obligations of the CUSTOMER under the related clauses in this agreement.
    27. Inventions have the meaning specified in the related clause herein.
    28. Jurisdiction means the area within the authority of the governing law of the state and country of the PRODUCTION COMPANY's OFFICE.
    29. Loss means any loss, cost, damage, expense, or liability including (but not limited to) pure economic loss and any form of any special, indirect, consequential, or punitive loss or damage including but not restricted to: loss of revenue, loss of profits or loss of business or loss of business opportunities, third-party loss, loss of data, loss of anticipated savings, and any increased operating cost.
    30. Moral Right means:
      1. a right of attribution of authorship; or
      2. a right not to have authorship falsely attributed; or
      3. a right of integrity of authorship; or
      4. a right of a similar nature;
        which is conferred by statute, and which exists or comes to exist anywhere in the world in a deliverable form comprised within this agreement.
    31. OTO is the PRODUCTION COMPANY acronym and means One To One. The OTO refers to all of the PRODUCTION COMPANY events.
    32. Participant means any living human being that is defined as a child, adolescent, young adult, adult, elder that has any age between 5 and 120 years old regardless of gender.
    33. Party means and refers to you and the PRODUCTION COMPANY. 
    34. Platform means the suite of software applications including the Support that enables you to book an event offered via the associated websites, online booking forms and Mobile Application.
    35. Product, Product Listing, Listing means the CUSTOMER's business, a product they are selling, business idea, or business venture.
    36. Production means any Event based on any one of the Consignments.
    37. Props means any item, material, equipment, or item used by the PRODUCTION COMPANY.
    38. Premises means the address as specified in the Event Call Sheet or Event.
    39. Services means the services to be provided by the PRODUCTION COMPANY herein, as where specified, and anything reasonably ancillary to such services except as prohibited by the provisions of this Agreement (express or implied).
    40. Staff means any or all of the persons engaged by the PRODUCTION COMPANY in connection with the EVENT.
    41. Tax Invoice, Invoice means an official invoice in the form containing the information required under jurisdiction for payment of a product or service.
    42. Taxable Supply means anything supplied, provided, or performed for the purposes of this Agreement that is taxable under the Tax Law of the jurisdiction.
    43. Works means:
      1. The Show and/or Events;
      2. Any treatment/show/production of any of the Shows and/or Events;
      3. Any treatment/show/production of the subject matter of any of the Shows and/or Events; and
      4. Any advertising, logo marks, promotion, or brochure in connection with the subject matter pursuant to the EVENT, excluding the Business Name.
    44. Workers means any staff, employees, crew, actors, contractors or authorised representatives or associates of the PRODUCTION COMPANY.

  2. Interpretation
    In this Agreement, unless the context clearly indicates otherwise:
    1. reference to the recitals, a clause, Schedule or Annexure is a reference to the recitals, a clause, Schedule or Annexure to or of this Agreement;
    2. the recitals, Schedules (if any), and Annexures (if any) form part of this Agreement;
    3. clause headings are inserted for convenience only and must not be used when interpreting this Agreement;
    4. a reference to a person includes a natural person, corporation, statutory corporation, partnership, the Crown or any other organisation or legal entity;
    5. a reference to a natural person includes their personal representatives, successors, and permitted assignees;
    6. a reference to a corporation includes its successors and permitted assignees;
    7. a reference to a right or obligation of a party is a reference to a right or obligation of that party under this Agreement;
    8. an obligation or warranty on the part of two or more persons binds them jointly and severally and an obligation or warranty in favour of two or more persons benefits them jointly and severally;
    9. a reference to a breach of warranty includes that warranty not being complete, true, or accurate;
    10. a requirement to do anything includes a requirement to cause that thing to be done and a requirement not to do anything includes a requirement to prevent that thing from being done;
    11. the words "including" and "includes" are not words of limitation;
    12. the words "at any time" mean at any time and from time to time;
    13. a reference to a time is to that time in the jurisdiction;
    14. a word that is derived from a defined word has a corresponding meaning;
    15. monetary amounts are expressed in dollars of the jurisdiction of the PRODUCTION COMPANY being the lawful currency of the jurisdiction;
    16. the singular includes the plural and vice versa;
    17. words importing one gender include all other genders;
    18. a reference to one or more things includes each part and all parts of that thing or group of things;
    19. a reference to legislation or a legislative provision includes any statutory modification or re-enactment of, or legislative provision substituted for, and any subordinate legislation issued under that legislation or legislative provision;
    20. a reference to a body or authority which ceases to exist is a reference to either a body or authority that the parties agree to substitute for the named body or authority or, failing Agreement, to a body or authority having substantially the same objects as the named body or authority; and
    21. neither this Agreement nor any part of it is to be construed against a party on the basis that the party or its lawyers were responsible for its drafting.
1. GENERAL TERMS and CONDITIONS

There is always an element of risk inherent in participating in an EVENT, or handling goods delivered. PRODUCTION COMPANY workers take every precaution to ensure the safety of all authorised participants, including that of the CUSTOMER and the PRODUCTION COMPANY workers. It is important for all participants, including the CUSTOMER, to understand that if an item is used improperly, and/or without the PRODUCTION COMPANY workers' supervision, certain equipment and materials can be dangerous.

PRODUCTION COMPANY strives at all times to provide, safe events for all authorised participants. In an effort to fulfill this commitment, we ask that all participants who are authorised to to be involved in the event, volunteering (upon approval), and/or participating in the PRODUCTION COMPANY event follow the guidelines established and explained during the beginning of each event by an authorised worker of the PRODUCTION COMPANY. If deemed that a participant is behaving and/or speaking in an unsafe manner, PRODUCTION COMPANY may ask that the participant in question be removed from the PRODUCTION COMPANY event, and in such a case, no refund will be awarded. You agree and understand that it is a requirement that all participants that are affiliated and authorised by you cooperate with the PRODUCTION COMPANY workers in the event.

By booking the event you certify, agree, and accept that the participants attending the event are physically able to participate in the PRODUCTION COMPANY event. PRODUCTION COMPANY assumes no responsibility for injuries or losses caused by situations or inappropriate behaviour beyond our control. In an emergency/medical situation where you cannot be contacted, you give permission for PRODUCTION COMPANY workers to seek medical attention if required, at your expense. Furthermore, you give permission for those participants that you have permitted to participate in PRODUCTION COMPANY events. You also agree and understand that if any participant that you have permitted to attend or participate in fails to abide by the policies and guidelines as outlined by PRODUCTION COMPANY workers this may result in the cancellation of the event and/or removal of the participant in question, with NO refund offered. It is the responsibility of the CUSTOMER to ensure that they have read and understood all the Terms and Conditions for the event as displayed, mentioned, posted, and/or provided herein or in related correspondence.

Event Bookings and packages are sold by PRODUCTION COMPANY for the relevant event package selected and purchased. ALL CLAIMS ARE THE SOLE RESPONSIBILITY OF THE CUSTOMER AND TO THE EXTENT PERMITTED BY LAW.

All purchases, booking, or orders for any product managed, produced, or owned by the PRODUCTION COMPANY including events booked and/or purchased and/or ordered are non-refundable and are done so on a no-returns or no-cancellation basis when the event is completed.  Absences, no-shows, or cancellations will be required to be paid for in full. Subject to refund requests made in accordance with the CONSUMER LAW of the PRODUCTION COMPANY's jurisdiction we will consider a refund request on the following grounds;

  1. The PRODUCTION COMPANY has not fulfilled their OTO Guaranteed delivery time slot as per the scheduled booked event time.
  2. The product is cancelled, rescheduled, or significantly relocated by PRODUCTION COMPANY (and you cannot or do not wish to attend the rescheduled or relocated product), or to the extent otherwise required by law. You must apply for a refund within a reasonable time. The PRODUCTION COMPANY does not offer refunds or exchanges as a result of a change in your personal circumstances or change of mind. 
  3. If a product is cancelled, rescheduled, or significantly relocated by the PRODUCTION COMPANY, all liability is limited to the amount for which the product was purchased (including any fees or charges). Proof of purchase may be required for any refund or exchange. Unless required by law, neither the PRODUCTION COMPANY nor its associates will be liable for any other losses incurred by you as a result of the cancellation, rescheduling, or relocation of an event, including any travel and accommodation expenses.
  4. If an event has been double booked or cannot be serviced by PRODUCTION COMPANY due to unavailable workers, a refund, less any administration charges will be given to the customer upon confirmation of the error or no-show status.

If a refund is made, PRODUCTION COMPANY may, to the extent permitted by law, retain any fee it has charged.

Each purchase is also sold subject to any additional terms and conditions where the PRODUCTION COMPANY manages or produces another business product for the CUSTOMER for the particular event (“Seller’s Terms”). The Seller’s Terms may be disclosed as part of the purchase information on the PRODUCTION COMPANY’s correspondence and at associated agents and outlets at the time of purchase. The Seller’s Terms would also be available from the PRODUCTION COMPANY on request.

The following terms and conditions are both of sale (including any resale or subsequent assignment) and conditions of participating at the event as well these Terms and Conditions apply to both the original purchaser (“you”) and any subsequent participants.

GENERAL TERMS and CONDITIONS specific to ALL CUSTOMERS and PRODUCTS/EVENTS BOOKED with PRODUCTION COMPANY:–

  1. All prices stated, displayed, written, spoken, or quoted by an authorised worker of the PRODUCTION COMPANY are provided/given exclusive of GST, VAT, or any related sales tax required by law based on the jurisdiction of the PRODUCTION COMPANY.
  2. All related company taxes will apply to all goods and services supplied by the PRODUCTION COMPANY and during any method of booking an event. Prices mentioned, written, or quoted by a PRODUCTION COMPANY worker exclude all government and/or sales tax where applicable. Prices are quoted normally in AUD, USD, or EURO currency or where applicable in the country of the event's local currency and supersedes all prices previously displayed.  All prices are valid subject to Government, fuel surcharges and currency, inflation, or CPI fluctuations. Where concessions are applicable, suitable and valid identification must be provided for collection of the confirmation invoice or to attend the event.
  3. USER ACCOUNT: To make a Booking Request on the Platform, you are required to create a User Account. The email address registered to your User Account will be taken to be your username. The username and password are exclusively for your use and are not transferable.
    1. You are solely responsible for:
      1. maintaining the confidentiality of your password;
      2. all activities that happen under your User Account including if someone else uses your User Account. You should notify us of any unauthorised use of your User Account.
    1. You acknowledge and agree:
      1. that all information supplied by you in using the Platform (including details of a Consignment) is complete, up-to-date and accurate at all times;
      2. PRODUCTION COMPANY will not be liable to you in the event that any information provided by you is incomplete, inaccurate, misleading or fraudulent;
      3. unless expressly agreed by PRODUCTION COMPANY, you are limited to one User Account. No User Account may be created on behalf of or in order to impersonate another person; and
      4. PRODUCTION COMPANY may delete or block your User Account at its own discretion. Blocked users are prohibited from setting up a new User Account.
  4. Where you have made the purchase, booking, order, or contract of engagement on behalf of another person, business, or company, you are responsible for the purchase, booking, or order and for any amounts owing and balances to be paid.
  5. When booking an event with PRODUCTION COMPANY, you agree and are bound by the terms and conditions of PRODUCTION COMPANY.
  6. Prices charged per invoice at the time of the event booking stand only for the items listed on the invoice or event booking that was originally booked.  Additional bookings, extra events, or sales for the same event after the original event booking will be an extra charge and may be at a higher rate due to seasonal or event demand.
  7. Purchasing Additional Items/Accessories/Packages for Event: To purchase additional services, events, or sales for a booked event contact our events team approximately 24 hours before the scheduled event date.  Additional purchases purchased 24 or more hours before the event date will be offered at the same price as stated on the original booking (excluding any bulk group discounts). Where additional items/accessories/packages are purchased within 1-23 hours before the event, the price (excluding group and/or voucher/coupon discounts) will be charged at an increase of 30% to cover the additional costs of urgency to stock/load/add extra consignments for a larger event purchase. 
  8. All PRODUCTS/EVENTS booked by the customer are required to be paid in full upon booking the event. An authorised worker of the PRODUCTION COMPANY is allowed to offer a deposit payment option or an approved special payment arrangment. This payment option is at the discretion of the PRODUCTION COMPANY and cannot be changed, altered or demanded by you.
    1. If a deposit option has been offered to you, than you agree to pay a 50% non-refundable deposit of the total cost of the event at the time of the booked event followed by the remainder 50% payment, on the completed delivery time as agreed to.  Where additional purchases are made, booked, or ordered, after the original booking has been made, the additional purchases must be paid in full at the time of the additional booking as shown by the DUE DATE displayed on that specific invoice.
    2. The customer agrees to pay the total amount of the booked event/s on or before the due date as displayed on the invoice issued.
    3. If an approved specific payment arrangment has been made by PRODUCTION COMPANY senior worker you agree to make the required payments as agreed and by the dates or times specificed. The payment arrangement as recorded and displayed on the Invoice, Receipt or Statement by the PRODUCTION COMPANY senior worker will be legally binding and payment will be required as per the payment arrangement due dates.
  9. The customer agrees to pay PRODUCTION COMPANY the total cost of the event purchase/booking, by EFT, direct credit bank transfer, or by credit card, at the time of the booking or as displayed on the Invoice, by the due date as shown on the invoice. Failure to pay the balance of the Invoice will result in administration fees, late fees, possible cancellation of the event, and/or cancellation charges. Where you are unable to provide payment by the due date, PRODUCTION COMPANY needs to be advised immediately without delay or at minimum 5 days of the due date.
  10. DEPOSITS (applies only on events where a deposit is required/approved by an authorised worker of the PRODUCTION COMPANY): Where a deposit is required for an event booked, the customer agrees to pay PRODUCTION COMPANY the deposit amount as shown on the Invoice issued, by the due date as shown on the Invoice, to secure the event. Where an event booked requires a deposit and the deposit amount is not received for the booked event, by the due date the booking/event purchased may be void, cancelled and a cancellation fee, equal to the total amount of the event booked and/or purchased will be required to be paid. Failure to pay the cancellation charges will result in the account being forwarded to a collections agency for payment. Where a collections agency or legal representation is acquired to obtain debt collection, all costs associated and charged to PRODUCTION COMPANY with regards to the debt collection services and/or legal costs will be required to be paid for by the CUSTOMER in full, including all administration and late fees incurred.
  11. You understand and agree that for the security and safety of PRODUCTION COMPANY workers, PRODUCTION COMPANY does not allow the workers to receive or carry payment and/or monies.
  12. The right is reserved to add, withdraw, reschedule or substitute workers, and/or vary events, prices, scheduling arrangements, and participant capacity.
  13. The right is reserved to charge a fee for the replacement of confirmation invoices or event call sheets.
  14. The PRODUCTION COMPANY reserves the right to broadcast, use or telecast any event. The PRODUCTION COMPANY reserves the right to use any and all photos, images, or video recordings taken by the PRODUCTION COMPANY's workers for commercial use in advertisements, promotions, videos, emails, brochures, or publications.
  15. You, the customer, irrevocably offer, consent, authorise and grant an exclusive license and permission to the PRODUCTION COMPANY, and its affiliations, which includes its successors and assign them the right to having the event being filmed, photographed, recorded, simulcast or broadcast (‘ARTWORK”) from a stated location, venue or place during the course of the event being performed which is owned, operated or managed by the PRODUCTION COMPANY and/or the CUSTOMER; the right to create/draft/design/use/edit the ARTWORK into video, video clips, sketches, illustrations, paintings, images, photographs, cgi, vfx, sfx and other related work for the purpose of advertisement, programming, filming digital video and/or TVC, and/or other visual reproductions (“PROMOTIONAL MATERIAL”) which may include other artwork and material; the right to use and to license others (where applicable) to use the ARTWORK and the PROMOTIONAL MATERIAL in all media throughout Australia and the world including for the purposes of recordings, publicity, advertising, sales, and promotion of the EVENTS (“PERMITTED PURPOSE”).  In addition, you irrevocably release and waive your right now and hereafter to request or receive royalties, payments, compensation, or other financial gain from the PRODUCTION COMPANY based on the use of the ARTWORK, and/or the PROMOTIONAL MATERIAL for its PERMITTED PURPOSE.  Furthermore, you indemnify the PRODUCTION COMPANY from any monetary compensations, reimbursements, and payments for use of the ARTWORK and PROMOTIONAL MATERIAL for its PERMITTED PURPOSE. The CUSTOMER acknowledges and agrees that all ARTWORK cannot be used by the customer or any participants for commercial financial gain and/or exploitation of the event and/or the Live Performance Recordings or re-recording by any method or device now known or hereafter devised in which the same may be used, and/or incorporated and/or exhibited and/or exploited. You acknowledge that the use of the ARTWORK for your purposes must state and publicly display the PRODUCTION COMPANY's registered business name and/or logo and Copyright protection liability of the PRODUCTION COMPANY unless you have purchased an exclusive license from the PRODUCTION COMPANY.
  16. The consignment may be refused to participants if payment is not received prior to the scheduled event.
  17. Cancellation of an event will occur if full payment is not received at the time of the booking or by the due date time as shown on the event call sheet or confirmation invoice. In the event that cancellation has occurred - no refund will be given.
  18. Transferring events to another date or change of the original event date is permitted within 6 hours from the original event time, as long as the new date and/or time is available and serviceable by the workers of the PRODUCTION COMPANY and the date change occurs in the same year as the original booking.  Where the date and/or time change is not available or the request to transfer the event is made within 0-6 hours from the original booked event, and/or the customer requests to cancel the event, cancellation fees and administration fees will apply.
  19. The confirmation invoice may not, without the prior written consent of PRODUCTION COMPANY, be resold or offered for resale or at a premium (including via online auction sites) or used for advertising, promotion, or other commercial purposes (including competitions and trade promotions) or to enhance the demand for other goods or services, either by the original purchaser or any subsequent bearer. If the confirmation invoice relating to an event is sold or used in breach of this condition, the event may be cancelled without a refund and the bearer of the confirmed invoice may be refused admission.
  20. Confirmation invoices will automatically be delivered via email, upon successful completion of the purchase of the scheduled event. Where applicable event call sheets will be delivered within 7 days after successful completion and payment of the purchase of the scheduled event.
  21. PRODUCTION COMPANY only offers credit or credit accounts to account holders who have purchased more than 10 events in a 12 month period and have a good standing with the PRODUCTION COMPANY, subject to an approved credit account check and submission.
  22. Overdue Accounts and all overdue invoices that are unpaid by the due date, as displayed on the Invoice and/or statement, will incur a late fee calculated by the current GIC (general interest charge) rate as stipulated by the jurisdiction of the PRODUCTION COMPANY of the balance due, per week late, from the due date, until full payment including all administration and late fees are paid.  In the event that overdue accounts or invoices remain unpaid and/or are disputed, PRODUCTION COMPANY reserves the right to acquire the services of a Debt Collection Agency or Legal Representation to obtain the Overdue Amount, including any and/or all administration and late fees applied.  Where a collections agency or legal representation is acquired to obtain debt collection, all costs associated and charged to PRODUCTION COMPANY with regards to the debt collection services and/or legal costs will be required to be paid for by the customer in full, including all administration and late fees incurred.
  23. You agree that it is your responsibility to ensure that a copy of the Invoice is given to your Accounts Payable Team or the person in charge of paying invoices and/or bills to ensure that no delay occurs in receiving the total amount due by the due date.
  24. You must allow adequate time for the collection or delivery of the confirmation invoice. The confirmation tax invoice for the paid booked event will be delivered either via email, post, or by fax from our PRODUCTION COMPANY Office.
  25. PRODUCTION COMPANY reserves the right to charge additional travelling fees dependent on the distance of the location of the venue for the event from the PRODUCTION COMPANY office. The travelling fees may apply and vary depending on the location of the event. Where this is required, PRODUCTION COMPANY will obtain written or recorded approval from the customer. If the customer does not approve the additional travelling fee, PRODUCTION COMPANY will find suitable and financially feasible alternatives for the benefit of the PRODUCTION COMPANY for the best outcome of the event for the customer.
  26. Additional information may be found on the confirmation invoice that you agree to abide by.
  27. Discounts received/offered are applicable to new bookings ONLY and cannot be applied to current or existing bookings.  No discount could be combined or used in conjunction with any other discount or offer available or on any event booked prior to the discount being offered.
  28. Communication on SLACK, SLACK Accounts and your Access to Iconic Productions SLACK Platform and Server (where applicable and approved by the PRODUCTION COMPANY). Where applicable and/or required you may be provided with access on the PRODUCTION COMPANY's SLACK Platform. If you are provided with access to and/or on the PRODUCTION COMPANY's SLACK Platform you must always
    1. Maintain a high standard of appropriate and professional conduct in communication with all persons you have permission to communicate with.
    2. You must always comply with the PRODUCTION COMPANY's communication policy.
    3. You must alway comply with SLACK's Collaborate with kindness: Consider these etiquette tips in Slack policy, click on link to read more.
    4. You must always comply with SLACK's Code of Conduct communication policy.
    5. You must always adhere to the procedures of SLACK's Reporting Workspace Conduct.
      1. If you are found to have breached or been in breach of the PRODUCTION COMPANY's communication policy or SLACK's communication policies and conduct, your access to SLACK will be terminated immediately and your event may be cancelled without a refund to you.
  29. You will at all times indemnify, and keep indemnified, the PRODUCTION COMPANY, its workers, us and our directors, officers, employees, and agents from and against any loss (including reasonable legal costs and expenses) or liability incurred or suffered by you or by us arising from any claim, demand, suit, action or proceeding by any person against you or us where such loss or liability arose out of, in connection with or in respect of your conduct or breach of this Agreement.
  30. All reviews are subject to our Review and Feedback Policy. Reviews of events, shows and the PRODUCTION COMPANY or the companies/partners we manage are only to be written by customers associated with an event booking/purchase that have had a customer service experience that they want to share with other customers, PRODUCTION COMPANY, the entertainment community, and the general public.
  31. These terms and conditions are governed by, takes effect, and will be construed in accordance with the laws of the jurisdiction of the PRODUCTION COMPANY and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that jurisdiction, State and courts entitled to hear appeals therefrom.
  32. You agree and accept any dispute arising pursuant to the terms of this Agreement shall be determined in accordance with the laws of the jurisdiction of the PRODUCTION COMPANY, the State, Country and the Courts of the permitted jurisdiction shall be deemed to be the Courts of appropriate jurisdiction for the resolution of all issues arising pursuant to the terms hereof.
2. EVENT AND CONSUMER PRODUCT
  1. EVENT AND CUSTOMER PRODUCT LISTING
    1. In order to deliver the services the CUSTOMER requires and has requested and for the purposes set out in this clause, the PRODUCTION COMPANY may disclose your personal information to organisations outside the PRODUCTION COMPANY. Your personal information is disclosed to these organisations only in relation to the PRODUCTION COMPANY and related companies providing services to you. These organisations may carry out: customer inquiries; mailing systems; billing and debt-recovery functions; information technology services; marketing, telemarketing, and sales services; market research; and website usage analysis. The PRODUCTION COMPANY takes reasonable steps to ensure that these organisations are bound by confidentiality and privacy obligations in relation to the protection of your personal information. In addition, we may disclose your personal information to: authorised representatives or legal advisers (when requested to do so); credit-reporting and fraud-checking agencies; credit providers (for credit-related purposes such as creditworthiness, credit rating, credit provision, and financing); our related companies; our professional advisers, including our accountants, auditors, and lawyers; government and regulatory authorities and other organisations, as required or authorised by law; organisations who manage our business and corporate strategies, including those involved in a transfer/sale of all or part of our assets or business (including accounts and trade receivables) and those involved in managing our corporate risk and funding functions (eg securitization); and other telecommunication and information service providers (eg if you obtain services from other providers, we may need to disclose your information for billing purposes).
    2. The PRODUCTION COMPANY operates a group of subsidiary companies and may share your personal information with the Related Companies to assist them with their business development and to market their own products and services to you. The Related Companies will use and disclose your personal information in accordance with their privacy policies. If you want to know more about the Related Companies, their areas of business, and their commitment to privacy, please contact us.
    3. The PRODUCTION COMPANY reserves the right to place and vary (as necessary) any product listing or advertising item on any electronic media, in particular, the PRODUCTION COMPANY online booking system, powered by the PRODUCTION COMPANY. The PRODUCTION COMPANY also reserves the right to refuse any product listing or advertisement considered unsuitable or inappropriate for the PRODUCTION COMPANY use, character or format. While care has been taken in compiling the relevant displays and correspondence, the PRODUCTION COMPANY, our associates, and our contractors make no representations about the accuracy or suitability of the information or links provided on any correspondence. The PRODUCTION COMPANY accepts products and advertisements in good faith on the basis of warranties provided by you, each member, product provider, entertainer, the PRODUCTION COMPANY, or advertiser. No representation is made or warranty given as to the qualifications or completeness of the event or product listing. Listing of a CONSUMER product under a particular heading, and qualifications claimed by the CONSUMER, do not necessarily indicate that the CONSUMER is legally entitled or professionally qualified to carry on a particular trade, business, or profession. The information is provided ‘as is’, without express or implied warranty. The PRODUCTION COMPANY takes no responsibility for the content of the event/product that the CONSUMER has informed or has been listed by the PRODUCTION COMPANY. To the maximum extent permitted by applicable law:
      1. in no circumstance shall the PRODUCTION COMPANY be liable, including negligence to the CONSUMER or customer or any participant in respect of any loss or damage (including special, indirect or consequential loss or damage such as loss of revenue, unavailability of systems, or loss of data) arising from or in connection with your use of or reliance on the information on or accessed through this event for any reason whatsoever (including negligence). Where any statute implies any term into your use of or any arrangement arising out of accessing this event and that statute prohibits exclusion of that term, then that term is included. If and to the extent permitted by the statute, however, the PRODUCTION COMPANY, our associates, and our contractors’ liability for any breach of such term is limited to the resupply of services.
      2. in no circumstance shall the PRODUCTION COMPANY be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use of the event of the PRODUCTION COMPANY, with the delay or inability to use the PRODUCTION COMPANY event or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the PRODUCTION COMPANY event, or otherwise arising out of the use of the PRODUCTION COMPANY event whether based on contract, tort, negligence, strict liability or otherwise, even if the PRODUCTION COMPANY or any of its suppliers has been advised of the possibility of damages. If the CUSTOMER is dissatisfied with any portion of the PRODUCTION COMPANY event, product listing, content, or with any of these terms of use, the CUSTOMER sole, and exclusive remedy is to provide their dissatisfaction with the PRODUCTION COMPANY and follow the related clause in finding a mutual remedy between all parties.
      3. the PRODUCTION COMPANY makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the PRODUCTION COMPANY event or of the CONSUMER's product and/or business.
    4. The material on a PRODUCTION COMPANY event, online booking system, agent system, and website provides general information of the CONSUMER's product and the CUSTOMER only, and is not intended as advice and must not be relied upon as such. The CUSTOMER and the participants, including the CONSUMER's own consumers of the CONSUMER's product should make their own inquiries and seek independent and/or alternative advice prior to making any decisions. All material on an event is derived from sources believed to be current and accurate as of the date of publication and is provided in good faith. The PRODUCTION COMPANY makes no representation or warranty that any material on the event or of the CONSUMER's product will be accurate, reliable, or complete (nor does the PRODUCTION COMPANY accept any responsibility arising in any way for errors in, or omissions from that material, even if those errors or omissions occur on account of the PRODUCTION COMPANY negligence). The CONSUMER or the customer's own consumers use of the information on this event is entirely at your/their own risk. The event may contain information about activities which by reason of their physical exertion or the degree of physical fitness required may be unsuitable or dangerous for certain participants, or the event or CONSUMER product may describe activities that are inherently dangerous. The PRODUCTION COMPANY makes no representations as to the nature, quality, or suitability about any or all of the activities shown on an event, and the CUSTOMER and its participants agree that the CUSTOMER shall be responsible for first satisfying themselves by independent inquiry or advice as to the suitability of the particular CONSUMER product. The PRODUCTION COMPANY event may contain contact details for various businesses and service providers. In placing these contact details on an event, the PRODUCTION COMPANY makes no representation as to the currency or accuracy of such details. Nor does the PRODUCTION COMPANY make any representation as to the nature or quality of the goods or services provided by the listed businesses and service providers, or as to their suitability for the purposes of participants using the contact details. The PRODUCTION COMPANY shall have no liability, in negligence or howsoever, for any loss, damage, liability, or inconvenience suffered by you or any other person as a result of their use of the contact details. Any person proposing to use or rely on any of the contact details should first satisfy themselves with the currency and accuracy of those contact details and any other information displayed on this event. The PRODUCTION COMPANY will not be liable, in negligence or howsoever, for loss, damage, liability, or inconvenience suffered by you or any other participant resulting from any action or decision by you in reliance upon the information on an event, or any propagation of computer worms, virus, internet access difficulties, malfunction in equipment or software, interruption, communications failure or delay in operation.
    5. The PRODUCTION COMPANY reserves the right to remove any of the CONSUMER's product listing at any time. We also reserve the right to alter or amend any product listing that may contain inappropriate information or graphics. The CUSTOMER and/or CONSUMER is not to transmit to the PRODUCTION COMPANY any material which is unlawful, threatening, violent, abusive, harassing, degrading, defamatory, libelous, deceptive; fraudulent, infringe a third party's intellectual property rights, or otherwise violate any law or regulation. Any photos or images submitted for display on a product listing are to be deemed appropriate for public display and all or any required permissions have been sorted and received by those submitting the photo or image. All liability if any for the use of photos or images remains with the CUSTOMER who submitted them for public display on their product listing and the event.
    6. The PRODUCTION COMPANY does not provide any guarantee as to the results obtainable from their event and event management service or that the CONSUMER business and/or product will be successful.
    7. The PRODUCTION COMPANY Fee:
      1. The CUSTOMER accepts and agrees that by signing and agreeing to the booked event with the PRODUCTION COMPANY and becoming a member of the PRODUCTION COMPANY, a booking, and management fee of the agreed amount of the total purchase and/or booking price (exclusive of all taxes in the jurisdiction), as stipulated in the booked event and tax invoice will be required to be paid to the PRODUCTION COMPANY for the services the PRODUCTION COMPANY provides. The PRODUCTION COMPANY will forward a Tax Invoice and/or receipt to the CUSTOMER for each event that has been purchased and the related booking and management fee (if applicable) of the total purchase price of the event and/or booking. All booking fees are to be paid on or before the due date as displayed on the tax invoice.
    8. Submission of Product:
      1. It is the responsibility of the CUSTOMER and the CONSUMER that the product listed does not breach or infringe the Trade Practices Act (Cth), Fair Trading Acts (State) and equivalent legislation; State and Commonwealth anti-discrimination legislation; any copyright, trademark, or obligation of confidentiality; any law of defamation or obscenity; any law of contempt of any court, tribunal or royal commission; the Privacy Act (Cth); and any other law (including but not limited to any common law, statute, delegated legislation, rule, and ordinance of the Commonwealth or any State or Territory that the CUSTOMER is in) in the governing jurisdiction.
    9. Customer Refunds relating to the CONSUMER's product:
      1. All refunds relating to the CONSUMER's product are between the CUSTOMER and the CONSUMER. All Refunds relating to the CONSUMER product are at the discretion of the CONSUMER who lists/offers their product that the CUSTOMER has purchased and the PRODUCTION COMPANY accepts no responsibility or liability whatsoever. In the event that the CONSUMER offers a refund of the CONSUMER's purchased product to the CUSTOMER the CUSTOMER, regardless of whether the refund is partial or in full, the booking and event management fee charged by the PRODUCTION COMPANY still applies and is required to be paid to the PRODUCTION COMPANY for the services provided. The PRODUCTION COMPANY only acts as a supplier of the event for the CONSUMER's product.
  1. INTELLECTUAL PROPERTY
    1. The CUSTOMER acknowledges and agrees that as of the start of the booked event the PRODUCTION COMPANY holds all intellectual property rights of the PRODUCTION COMPANY's goods and services.
    2. The CUSTOMER will:
      1. immediately inform the PRODUCTION COMPANY of any matter which may come to its notice during the operation of this Agreement which may be of interest or importance or use to the PRODUCTION COMPANY.
    3. Any discovery, design, invention, idea, concept, technique, document, secret process or improvement in procedure conceived, made, developed or discovered by the PRODUCTION COMPANY in the course of this Agreement (whether alone or with any other person) which is capable of being used or adapted for use in connection with the event of the PRODUCTION COMPANY (the “Inventions”) must immediately be disclosed to the PRODUCTION COMPANY, whether or not the Inventions are capable of being protected by copyright, letters patent, registered design or other protection.
    4. Nothing in this Agreement affects the Moral Rights in any works, items, materials, or information supplied pursuant to this Agreement. 

  2. BOOKING REQUEST: You acknowledge and accept that in using the Platform to make a Booking ...
    1. the information you have entered on the Platform is reliable, accurate and up-to-date;
    2. you have obtained the express permission or consent from the Authorised Sender (if you are not the Authorised Sender) and Authorised Recipient before entering their information on the Platform;
    3. you will provide complete and accurate details in relation to a Consignment when making a Booking Request;
    4. you must arrange acceptance of the Consignment at the drop-off address in accordance with the details you submitted and in accordance with these Terms;
    5. you must ensure that the Authorised Sender and Authorised Recipient respectively will be physically present at the pick-up address and the drop-off address, and that they are ready and able to provide a signature to the Carrier as evidence of pick-up and drop-off;
    6. you must ensure that the Consignment is suitable and safe to be carried, stored and transported, having regard to the nature of the Consignment;
    7. you must ensure that the Consignment is firmly secured and packaged, and properly labelled, in a manner that is appropriate having regard to the nature of the Consignment, and that you have complied with all laws and regulations relating to the consigning, labelling, packaging, carriage, storage and delivery of the Consignment;
    8. you must permit (and instruct any other relevant person or company to allow) the Consignment to be photographed by the Carrier at both the pick-up address and the drop-off address;
    9. you must permit (and instruct any other relevant person or company to allow) the Carrier to inspect the Consignment (including the removal of any labels or packaging), and provide any necessary assistance in that respect, if the Carrier deems it necessary, to ensure that the transport of the Consignment complies with these Terms;
    10. that if after ten (10) minutes, the Authorised Sender or Recipient or permitted participant, as applicable, is not physically present at the pick-up address the Carrier is authorised to leave the pick-up address and the Booking will be completed and will be required to be paid in full for the purposes of general clause 4, 5 and 8 of these Terms;
    11. that if after five (5) minutes, the Authorised Sender or Recipient or permitted participant, as applicable, is not physically present at the drop-off address:
      1. the Carrier is authorised to leave the Consignment with a participant who represents that they are authorised to receive the Consignment; or
      2. if there is no participant at the drop-off address, the Carrier will return the Consignment to the pick-up address and leave it with the Authorised Sender, or participant who represents that they are authorised to receive the Consignment, at a time convenient to the Carrier, and
      3. the Booking will be completed and will be required to be paid in full, plus additional fees for the return as for purposes of general clause 4, 5 and 8 of these Terms;
    12. you will be charged an additional fee, on behalf of the Carrier, for any return deliveries made by the Carrier, where the additional fee may normally be equivalent to the amount of the original Delivery charges for the event Booking and you agree to the additional amount being charged to your credit card) and any expenses incurred to store the Consignment prior to its return.

  3. PAYMENT FOR A BOOKED EVENT
    1. You agree that at the time of your first Booking, your credit card details will be transferred to the PRODUCTION COMPANY's secure payment gateway to be held on behalf of the PRODUCTION COMPANY.
    2. By entering your credit card details on the Platform, you have given us, on behalf of the Carrier, express authorisation, to deduct the Delivery Fee and any costs incurred by us (or the Carrier), in recovering any unpaid Delivery Fees from you, including debt collection costs, commissions, legal fees and any out of pocket expense.
    3. Upon us accepting your Booking, the PRODUCITON COMPANY, will deduct the Delivery Fee from the credit card provided by you. You must ensure that sufficient funds are available for debit at that time. Fees and charges relating to insufficient funds at time of debit will be passed onto you. If sufficient funds are not available we have the right to cancel your Booking.
    4. PRODUCTION COMPANY reserves the right to retain any credit card details that you enter onto the Platform for the purposes of these Terms, including but not limited to:
      1. processing any future payment of fees from you;
      2. processing any costs incurred by us (or the Carrier), in recovering any unpaid Delivery Fees;
      3. processing any additional fees or costs incurred by us or the Carrier due to incorrect information entered on the Platform by you;
      4. processing of any additional fees for a return trip made by a Carrier.
    5. Nothing prevents the Carrier or PRODUCTION COMPANY, on behalf of the Carrier, from taking any action necessary to recover any unpaid Delivery Fees.
    6. You must ensure that the Consignment is firmly secured and packaged, and properly labelled, in a manner that is appropriate having regard to the nature of the Consignment, and that you have complied with all laws and regulations relating to the consigning, labelling, packaging, carriage, storage and delivery of the Consignment;
    7. You must permit (and instruct any other relevant person or company to allow) the Consignment to be photographed by the Carrier at both the pick-up address and the drop-off address;
    8. You must permit (and instruct any other relevant person or company to allow) the Carrier to inspect the Consignment (including the removal of any labels or packaging), and provide any necessary assistance in that respect, if the Carrier deems it necessary, to ensure that the transport of the Consignment complies with these Terms;
    9. That if after ten (10) minutes, the Authorised Sender or Recipient or permitted participant, as applicable, is not physically present at the pick-up address the Carrier is authorised to leave the pick-up address and the Booking will be completed and will be required to be paid in full for the purposes of general clause 4, 5 and 8 of these Terms;
    10. That if after five (5) minutes, the Authorised Sender or Recipient or permitted participant, as applicable, is not physically present at the drop-off address:
      1. the Carrier is authorised to leave the Consignment with a participant who represents that they are authorised to receive the Consignment; or
      2. if there is no participant at the drop-off address, the Carrier will return the Consignment to the pick-up address and leave it with the Authorised Sender, or participant who represents that they are authorised to receive the Consignment, at a time convenient to the Carrier, and
      3. the Booking will be completed and will be required to be paid in full, plus additional fees for the return as for purposes of general clause 4, 5 and 8 of these Terms;
    11. You will be charged an additional fee, on behalf of the Carrier, for any return deliveries made by the Carrier, where the additional fee may normally be equivalent to the amount of the original Delivery charges for the event Booking and you agree to the additional amount being charged to your credit card) and any expenses incurred to store the Consignment prior to its return.
    12. Security of Payment
      1. PRODUCTION COMPANY has taken all practical steps from both a technical and systems perspective to ensure that the payment details registered on each User Account are protected and secure.
      2. A secure payment gateway is used to process all transactions and credit card details.
      3. PRODUCTION COMPANY does not give any warranty or make any representation regarding the strength or effectiveness of the secure payment gateway and is not responsible for events arising from unauthorised access to your information

  4. EVENT or CARRIER SERVICE and COMPLAINTS
    1. PRODUCITON COMPANY does not make any representations, warranties or guarantees as to:
      1. the safety and delivery of the Consignment while it is in the Carrier’s possession;
      2. the Carrier’s ability to transport the Consignment;
      3. the manner in which the Carrier performs the Booking; or
      4. the Carrier’s qualification to transport Consignments. However, each Carrier must complete the PRODUCTION COMPANY's training and onboarding process to be permitted to work with the PRODUCITON COMPANY and receive access to the events.
    2. Any issues or complaints regarding safety, quality, condition or description should be sent to PRODUCTION COMPANY through the Platform or using the PRODUCTION COMPANY's Contact Us Form and the complaint or issue will be investigated by the Event Supervisors and and the Carrier that completed the event.
    3. In the event that a Consignment is damaged in transit between the pick-up address and the drop-off address, you can submit a claim to the PRODUCTION COMPANY using the PRODUCTION COMPANY's Contact Us Formwith the following:
      1. evidence that the Consignment was materially damaged or lost in transit between the pick-up address and the drop-off address;
      2. evidence that such damage or loss was due to a direct act or omission of a Carrier;
      3. evidence there has been no breach of these Terms by you; and
      4. the likely value of replacement or repair of the relevant Consignment.
    4. During the completed process of our investigation of the claim, if we are satisfied that the Carrier’s act or omission had caused the damage or loss then we will advance an amount up to $300 to you to cover the repair or replacement of the Consignment that was lost or damaged.
    5. Any claims under this clause 6 of clause 2. EVENT AND CONSUMER PRODUCT these Terms must be made within 2 hours or earlier of the delivery or return of the Consignment.
    6. Notwithstanding anything in these Terms, PRODUCTION COMPANY is not responsible for any loss or damage caused to you as a result of you using the Platform to make a Booking or Booking Request, consuming or using the or the consignment or the provision of Carrier Services to you.

  5. CANCELLATION OF AN EVENT BY the CUSTOMER
    1. Should the CUSTOMER not complete the Term of this agreement then the cost of any or all expenses, accommodation and airfare, and any related travel expenses paid by the PRODUCTION COMPANY for the event will be required to be paid back to the PRODUCTION COMPANY by the CUSTOMER.
    2. Should the CUSTOMER not complete an event, the cost of any or all expenses, accommodation and airfare and any related travel expenses paid by the PRODUCTION COMPANY for the event, including any loss of remuneration, refund provided to the CUSTOMER or financial loss to the PRODUCTION COMPANY caused by the cancellation or incomplete job of the event; will be required to be paid back to the PRODUCTION COMPANY by the CUSTOMER. 

  6. CONFIDENTIALITY
    1. The CUSTOMER and the PRODUCTION COMPANY agree that during the course of this Agreement they may become acquainted with or have access to Confidential Information. The CUSTOMER and the PRODUCTION COMPANY during and after the Term must maintain the Confidential Information confidential and prevent its unauthorised disclosure to or use by any other person, and firm, unless prior written authorisation is obtained from the CUSTOMER and/or PRODUCTION COMPANY respectively.
    2. The CUSTOMER and the PRODUCTION COMPANY agrees that they must not:
      1. use the Confidential Information for any purpose other than for the benefit of the EVENT during or after the Term;
      2. remove the Confidential Information from the Premises of the PRODUCTION COMPANY or event without the written consent of the other party;
      3. for whatever reason, either for itself or any third party, appropriate, copy, memorise or in any manner reproduce any of the Confidential Information.
    3. The CUSTOMER and the PRODUCTION COMPANY agree to return any or all of the Confidential Information howsoever embodied on the request of the other party.
    4. The CUSTOMER and the PRODUCTION COMPANY agrees that it must not, both during or after the Term for whatever reason, make improper use of the Confidential Information acquired by virtue of this Agreement, to gain directly or indirectly, an advantage for itself or for any other person or to cause detriment to the other party.
    5. The CUSTOMER and the PRODUCTION COMPANY must take all reasonable precautions to prevent any unauthorised disclosure of Confidential Information, including the following precautions:
      1. must at all times store all Confidential Information safely and securely;
      2. each party must immediately notify the other party in writing of any actual, threatened, or suspected unauthorised disclosure of any Confidential Information; and
      3. must take all reasonable measures to minimise any unauthorised dissemination of any Confidential Information which is in any way related to or resulting from an act or failure to act by the other party.
    6. All assets owned by the PRODUCTION COMPANY relating to the event and all assets owned by the CONSUMER production and the CUSTOMER remain the property of the respective party. Following termination or completion of the event, the CONSUMER, the CUSTOMER and the PRODUCTION COMPANY agrees to maintain a sufficient degree of confidentiality and competition; while working for a competitor about market-sensitive information, practices, and/or the PRODUCTION COMPANY's contact database of clients, ads, brochures, scripts, transcripts and any additional intellectual property of the PRODUCTION COMPANY.

  7. PRIVACY
    1. Both Parties will not use or disclose any Personal Information for a purpose other than discharging its obligations under this Agreement. Both parties further agree to comply at all times with the National Privacy Principles contained in Schedule 3 to the Privacy Act 1988 (Cth) (or an applicable privacy code approved by the Federal Privacy Commissioner pursuant to that Act) in the same way and to the same extent as the PRODUCTION COMPANY would have been required to comply had it been directly responsible for performing the act or practice concerned. the CUSTOMER will take all necessary steps to protect Personal Information in its possession against misuse or loss and it will return all such information to the PRODUCTION COMPANY (or if requested by the PRODUCTION COMPANY, destroy or de-identify such information) upon termination or expiry of this Agreement. This clause will survive the termination or expiry of this Agreement.
    2. For the purpose of this clause, “Personal Information” means information or an opinion about an individual as defined in section 6 of the Privacy Act 1988 (Cth) which is collected, used, disclosed, stored, or handled by the CUSTOMER for the purposes of this Agreement.

  8. FORCE MAJEURE
    1. The PRODUCTION COMPANY shall not be liable for any delay or failure to perform its obligations if such failure or delay is due to Force Majeure.
    2. The CUSTOMER shall notify the PRODUCTION COMPANY as soon as practical be of any anticipated delay due to Force Majeure. The CUSTOMER's obligations under this Agreement shall be suspended for the period of the delay due to Force Majeure.
    3. If a delay due to Force Majeure exceeds 30 days, the PRODUCTION COMPANY may terminate this Agreement immediately on providing notice to the CUSTOMER. If the PRODUCTION COMPANY gives such notice to the CUSTOMER:
      1. the CUSTOMER shall not be entitled to a refund of previously paid payments to the PRODUCTION COMPANY under this Agreement for which no services have been provided; and
      2. the PRODUCTION COMPANY shall not be liable to pay the CUSTOMER a reasonable sum in relation to services rendered or costs and expenses incurred prior to termination for which no payment has been made to the PRODUCTION COMPANY.

3. TERMINATION
  1. PRODUCTION COMPANY may at its discretion terminate your use of, or access to, the Platform including your User Account at any time without prior notification if it considers that you have breached any aspect of these Terms or act in a manner below reasonable community expectations.
  2. If PRODUCTION COMPANY exercises its right of termination under this clause 3.3 of these Terms, you must not sign up for another User Account and must cease using the Platform immediately.
  3. If your use of the Platform is terminated:
    1. you will no longer be authorised to access the Platform or use any other services or products owned by PRODUCTION COMPANY;
    2. the email address you used to register with the Platform or any other email address you possess will not be authorised to access the Platform or any other services or products owned by PRODUCTION COMPANY;
    3. you will continue to be subject to and bound by all restrictions imposed on you by the Terms; and
    4. all licences granted to you and all disclaimers by PRODUCTION COMPANY and limitations of PRODUCTION COMPANY liability set out in these Terms or elsewhere on the Platforms will survive termination.
  4. PRODUCITON COMPANY reserves the right to deduct any outstanding fees and charges owing to PRODUCTION COMPANY and/or the Carrier on your User Account prior to disabling your User Account.

  5. Unremedied breach or default
    1. The PRODUCTION COMPANY may terminate the agreement with the CUSTOMER where the CUSTOMER is in breach or default of this Agreement (not being a serious or material breach) and fails to correct such breach or default within 5 days of receiving notice specifying such breach or default or remedy the same.

  6. Termination without notice
    1. Notwithstanding the preceding subclauses, the PRODUCTION COMPANY may terminate this Agreement at any time without notice:
      1. if the CUSTOMER engages in a serious or material breach of this Agreement which in the opinion of the PRODUCTION COMPANY cannot be remedied, or cannot foreseeably be remedied within 5 days of such breach or default;
      2. if the CUSTOMER, being a natural person, dies; or
      3. if the CUSTOMER ceases or threatens to cease conducting his business activities in the normal manner.
4. WARRANTIES OF CAPACITY
  1. General warranties
    1. Each party warrants to the other party to this Agreement that:
      1. this Agreement creates legal, valid, and binding obligations, enforceable against the relevant party in accordance with its terms;
      2. unless otherwise stated, it has not entered into this Agreement in the capacity of trustee of any trust; and
      3. its officers and representatives described in this Agreement or nominated under this Agreement have the authority to act for and on behalf of it in relation to the matters within their authority under this Agreement, unless the party notifies the other party to the contrary.

  2. Power of attorney
    1. If an attorney executes this Agreement on behalf of any party, the attorney declares that it has no notice of the revocation of that power of attorney.
5. GENERAL PROVISIONS
  1. Entire Agreement
    1. This Agreement constitutes the entire agreement between the parties concerning the matters dealt with pursuant to this Agreement. For the avoidance of doubt, this Agreement supersedes all provisions, correspondence, agreements, warranties, representations, negotiations, and understandings with respect to the matters dealt with in this Agreement.
  2. Precedence
    1. Where any conflict occurs between the provisions contained in this agreement or two or more of the documents referred to now or hereafter, the document lower in the order of precedence shall where possible be read down to resolve such conflict. If the conflict remains incapable of resolution by reading down, the conflicting provisions shall be severed from the document lower in the order of precedence without otherwise diminishing the enforceability of the remaining provisions of that document.
  3. Amendments
    1. This Agreement may not be changed or modified in any way after it has been signed except in writing signed by or on behalf of both parties.
  4. Severability
    1. Any provision of this Agreement which becomes illegal, void, or unenforceable will be ineffective to the extent only of such illegality, voidness, or unenforceability and will not invalidate the remaining provisions.
  5. Assignment
    1. Neither this Agreement nor any rights or obligations of the Agreement may be assigned or otherwise transferred by either party without the prior written permission of the other.
  6. Waiver
    1. A right created by this Agreement cannot be waived except in writing signed by the party entitled to that right. Delay by a party in exercising a right does not constitute a waiver of that right, nor will a waiver (either wholly or in part) by a party of a right operate as a subsequent waiver of the same right or of any other right of that party.
  7. Preservation of existing rights
    1. If this Agreement is terminated for any reason such termination will not affect any accrued rights or liabilities of either party nor will it affect the coming into force or the continuance in force of any provision of this Agreement (in so far as it imposes obligations on the Contractor) which is expressly or by implication intended to come into force or continue on after the termination.
  8. Counterparts
    1. This Agreement may be executed in any number of counterparts. All counterparts taken together constitute one instrument.
  9. Notices
    1. All notices and consents required or permitted to be given under this Agreement must be in writing and given by personal service, pre-paid postage, a facsimile transmission at the addresses of the parties set out in this Agreement or to such other address as either party may designate to the other by written notice. Any such notice will be deemed to have been served when delivered (if delivered by hand) or 48 hours after posting (by prepaid letter) or when on transmission by the sender (if sent by facsimile) or (if sent by email and unless agreed otherwise), when the email enters the recipient’s mail server.
  10. Governing law
    1. This Agreement is governed by, takes effect, and will be construed in accordance with the laws of the State, Country and jurisdiction of the PRODUCTION COMPANY and the parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of that State and Country and courts entitled to hear appeals therefrom.
    2. Any dispute arising pursuant to the terms of this Agreement shall be determined in accordance with the laws of the State, Country and jurisdiction of the PRODUCTION COMPNAY and the Courts of the said shall be deemed to be the Courts of appropriate jurisdiction for the resolution of all issues arising pursuant to the terms hereof.