TERMS AND CONDITIONS INTRODUCTION AND DEFINITIONS

Welcome to the Entertain Oz Terms and Conditions (or “Agreement’). This Agreement sets out the terms and conditions that govern your use of our services at http://www.entertainoz.com.au (the “Site”), which is owned and operated by Entertain Oz Pty Ltd (ABN 88 086 522 741).

Before you use the services provided on the Site, you must read, agree with and click the “accept Terms and Conditions” button on the Site. Further, you must read and accept Entertain Oz’s policies, including its Privacy Policy and the Booking Terms (the “Policies”). These Policies change from time to time and you agree that they form part of this Agreement. Our Privacy Policy may be accessed here: Privacy Policy and the Booking Terms may be accessed here: Booking Terms.

Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time).

ENTERTAIN OZ IS A SERVICE PROVIDER

Entertain Oz is the owner and operator of the Site that provides an online platform where artists, acts, celebrities, speakers and services (the “Member” / “Performer”) are booked by individuals or organisations (the “Customer”) (collectively “Users”) to perform at an event (“Event”).

Users of the Site acknowledge that they are using software that is owned by or licenced to Entertain Oz. Entertain Oz grants Users a non-exclusive licenced to use such software for the sole purpose of making enquiries and Bookings (“Bookings”). Any other use, commercial or otherwise, of the software or information on the Site without the express written permission of Entertain Oz is strictly prohibited, including any reproduction, data-mining, automated querying or similar data extraction processes.

The Member / Performer is the supplier of a service.

The Member/Performer and Customer agree that Site is a service and as such is not responsible or liable for any content, audio, video, data, text, images, photographs, profiles, items and links posted by the Member/Performer, Customer or any third parties on the Site. Members/Performers and Customers agree to use the Site at their own risk.

RELATIONSHIP

The relationship between Entertain Oz and the Member/Performer is one of agency. Entertain Oz is the agent for the Member/Performer for any Events booked on the Site by Customer involving the Member/Performer. This Agreement does not create a partnership, employment relationship or fiduciary relationship between Entertain Oz and the Member/Performer.

Nothing is this Agreement creates a partnership, employment relationship or fiduciary relationship between Entertain Oz and the Customer.

Entertain Oz is not directly involved in any Event transaction between the Member/Performer and the Customer. Therefore, Entertain Oz has no control over the performance, skill or ability of the Member/Performer and cannot guarantee the true identity of the Member/Performer or that the Member/Performer will fulfil any of its obligations under its direct contract with the Customer. Further, Entertain Oz cannot guarantee that a Customer will fulfil any of its obligations under its direct contract with the Member/Performer.

CUSTOMER’S USE OF SITE

Eligibility:

Only Customers 18 years of age and over are authorised to use this Site.

Using the Site:

In order to book a Member/Performer for an event, a Customer will first need to click “accept the Terms and Conditions”. After this Agreement has been accepted, the Customer may make Booking inquiry via the Site by selecting a Member/Performer and specifying the details of the Event, including date and location. The Customer agrees to provide accurate information about the particulars of the Event and Entertain Oz is not liable for any error made by the Customer in providing such information.

Once the Member/Performer has accepted the details of the Event, the Site will send the Customer an email / a notification that sets out the fee payable, which comprises of a fee to the Member/Performer and the Site fee (“Performance Fee”), and any special conditions or expenses relating to the performance.

Payment:

The Customer will be required to pay the Performance Fee if the Customer accepts the Performance Fee and the special conditions/expenses set out in the email / notification by clicking the “accept this quote” button.

After accepting the quote, the Customer will be required to immediately pay at least 50% of the total Performance Fee (“Non-refundable Deposit”). The Customer is required to pay the total Performance Fee, including any expenses set out in the quote, within seven (7) business days of accepting the quote. In the event that the Customer fails to pay the total Performance Fee withinthe timeframe required, the Customer acknowledges that the Booking will be cancelled and the Customer will be required to forfeit the Non-refundable Deposit to Entertain Oz.

The Customer acknowledges that Entertain Oz may receive a commission or an affiliate fee from the Performance Fee paid by the Customer. The Customer agrees that payments made using the Credit/Debit Card Merchant facility on the Site will incur an additional 2.5% processing fee.

The Customer agrees that payments made using the Credit/Debit Card Merchant facility on the Site will incur an additional 2.5% processing fee.

Where the Customer pays the Performance Fee on the Site’s Credit/Debit Card Merchant facility, the Customer authorises Entertain Oz to charge the credit card designated by the Customer. The Customer agrees that where payment is not received from the card issuer or its agents for any reason, the Customer agrees to pay all amounts due on demand of Entertain Oz. Once Entertain Oz has received payment, the Customer agrees not to seek to reverse or cancel such payment through the card issuer or its agents without receipt of Entertain Oz’s prior written consent.

The Customer acknowledges that Booking confirmations are subject to credit card approval for the transaction. In the event that the Customer’s credit card is not approved, Entertain Oz will attempt to contact the Customer to rectify the situation or seek alternative payment, but where there is failure to establish contact, Entertain Oz is not responsible for any subsequent non-provision of services at the Event.

The Customer acknowledges that Entertain Oz reserves absolute discretion to accept or decline Bookings made from outside Australia at any time prior to the Event.

GST:

Unless otherwise expressly stated, all prices or other sums to a party using the Site are exclusive of GST. In the event of goods and services tax (“GST”) applying to any supply made on the Site by one party to the other party, the party making the supply may in addition to the relevant amount payable under this Agreement, but subject to having issued a valid invoice (as required by the GST legislation), recover from the other party an additional amount on account of GST, such amount to be calculated in accordance with the relevant GST legislation.

Cancellation and Refund:

The Customer may cancel the Booking of the Member/Performer for the Event by providing Entertain Oz with notice in writing.

Where the Customer cancels the Booking at least 42 days before the date of the Event, the Customer agrees that it will be required to pay Entertain Oz the Non-refundable Deposit.

Where the Customer cancels the Booking within 42 days before the date of the Event, the Customer agrees that it will be required to pay the full Performance Fee.

In the event that the Member/Performer cancels the Booking within 42 days of the date of the Event by providing notice in writing to the Customer, Entertain Oz will refund the Customer all of the Performance Fee paid by the Customer up until the date of cancellation.

Where the Member/Performer cancels the Booking at any time due to ill health, the Customer can require the Member/Performer to provide a medical certificate certifying that the Member/Performer is unable to perform at the Event. In such case, Entertain Oz will refund the Customer all of the Performance Fee paid by the Customer up until the date of cancellation.

Where the Customer is entitled to a refund in accordance with this Agreement, the Customer acknowledges that Entertain Oz’s ability to provide a refund will be limited to the sum received from the Member/Performer or other third parties. Where the refund is due to the Customer from a Member/Performer or third party, Entertain Oz will provide reasonable assistance to the Customer in the process to claim a refund from the Member/Performer. In such event, Entertain Oz is authorised, but not obliged, to seek a refund from the Member/Performer or relevant third party directly and on its on behalf.

Customer Responsibilities and Warranties:

The Customer agrees to provide Entertain Oz with accurate information about the particulars of the Event, including date and location, on the Site and Entertain Oz is not liable for any error made by the Customer in providing such information.

The Customer is solely responsible for obtaining all necessary permits, consents, approvals, etc, required to undertake the Event and Entertain Oz is not liable for any failure to obtain such permits, consents and / or approvals.

The Customer is solely responsible for providing the Member/Performer with a safe performance area and Entertain Oz is not liable for any damage caused by a failure to maintain a safe performance area or damage incurred by the Customer as a result of the Member/Performer refusing to perform in an unsafe performance area.

The Customer is solely responsible for obtaining any permits, consents and / or approvals required to conduct the Event. It is the Customers sole responsibility to ensure compliance with such permits, consents and approvals and the Customer is solely responsible for complying with police or other authority supervision requirements for the Event.

The Customer is solely responsible for providing a safe and secure power source sufficient for the requirements of the Member/Performer at the Event.

The Customer agrees to take all reasonable steps to prevent any persons, other than those absolutely necessary, from seeing the Member/Performer before the Member/Performer’s performance at the Event if the Member/Performer so requires.

The Customer agrees to provide the Member/Performer with secure storage at the Event to accommodate all equipment and/or instruments carried by the Member/Performer.

The Customer agrees to provide the Member/Performer with all meals and refreshments while the Member/Performer is at the Event and free parking for the Event.

The Customer acknowledges that Entertain Oz does cannot guarantee the performance of the Member/Performer and does not endorse the skills or ability of the Member/Performer in any way. Further, Entertain cannot guarantee the accuracy or completeness of the information provided by the Member/Performer in relation to the Member's/Performer’s services. The Customer acknowledges that the Customer is responsible for undertaking reasonable investigations to verify the accuracy of any information provided through the Site or by Entertain Oz.

The Customer acknowledges that Entertain Oz accepts no responsibility or liability for any failure or delay on the part of the Member/Performer or other relevant third party to perform at the Event, nor is Entertain Oz responsible or liable for any acts or omissions of Member/Performers or relevant third parties in the course of delivery of the Member's/Performer’s services.

Further, the Customer acknowledges and agrees that the Customer is solely responsible for ensuring the suitability of the Member/Performer for the Event and agrees that Entertain Oz will not be liable for any inconvenience or damage resulting from the unsuitability of the Member/Performer.

In the event that the Customer requires the Member/Performer to perform for an additional period of time at the Event, the Customer will contact Entertain Oz to arrange for an increase in the Performance Fee to accommodate for the additional performance time, which will be documented in a written agreement with the Member/Performer. In the event that the Customer has not entered into a written agreement with the Member/Performer for additional performance time, the Member/Performer will not be required to Perform for additional time.

MEMBER’S / PERFORMER’S USE OF SITE

Eligibility:

Only Members/Performers 18 years of age and over who reside in Australia are authorised to use this Site.

Using the Site:

In the event that a Customer makes an inquiry on the Site about a Member/Performer, the Member/Performer agrees to provide Entertain Oz with details on the Member’s/Performer’s availability for the Event, the Performance Fee required and any special conditions/expenses required.

The Member/Performer acknowledges that the Member/Performer is not engaged for the Event until the Member/Performer has received notification of the Customer’s acceptance of the Performance Fee and the special conditions/expenses.

Membership:

To create a listing on the Site, the Member/Performer will have to register as a member of the Site. The Member/Performer may elect to register for free membership or paid membership on the Site.

The Member/Performer must use the registration forms to register for membership and the forms will supply the information which the Member/Performer must provide in order to receive free or paid membership. In connection with registering at the Site, the Member/Performer agrees to provide accurate, complete and updated information. Information provided by the Member/Performer on the Site in connection with registration will be will be protected by Entertain Oz in accordance with the terms of the Privacy Policy.

All financial information addressed on the Site is given in terms of AUD dollars. All membership purchases are final and will not be refunded, unless specifically agreed to otherwise by Entertain Oz.

When a Member/Performer registers for membership, the Member/Performer will be required to create a password and member ID. The Member/Performer agrees not to disclose the Member’s/Performer’s password and member ID to any third party. If the Member/Performer believes that the Members/Performers password and/or member ID has been revealed to any other party, or otherwise compromise, the Producer agrees to notify Entertain Oz in writing immediately and to change the Producer’s password immediately on the Site. The Producer agrees to be responsible for and to indemnify Entertain Oz, its officer, directors, employees, agents, licensors and suppliers harmless from any injury, loss, damage or claims incurred as a result of any unauthorised use of the Member’s/Performer’s login name and/or password.

Payment – Members/Performers with Paid Membership

If the Member/Performer is a paid member of Entertain Oz, the Member/Performer is invoicing the client directly.

Payment – Members/Performers with Free Membership

Where a Member/Performer with free membership is booked for an Event, the Member/Performer will receive the Performance Fee within seven (7) business days after the Member/Performer has performed at the Event The Member/Performer acknowledges that the Performance Fee payable will be less:

The Member/Performer acknowledges that the Performance Fee payable will be less:
Any fees and charges incurred by Entertain Oz in the processing of the payment; and
Entertain Oz’s applicable commission rate.

The Performer acknowledges and agrees that Entertain Oz is entitled to a commission on direct and indirect Bookings of the Performer made via the Site. Direct Bookings are Bookings referred or taken by the Performer at an Event, including repeat Bookings by a Customer or new Bookings made at the Event. Indirect Bookings are Bookings that result indirectly from a Booking made via the Site and include Bookings for other venues or vents referred from a Booking or Event.

General Payment:

Where Entertain Oz has only received part of the Performance Fee from the Customer as a result of cancellation by the Customer or a failure to pay, the Member/Performer agrees that the Member/Performer shall only receive the amount remaining after a deduction of the any fees and charges payable, including applicable Entertain Oz commissions, in respect of the Booking.

In the event that there is an outstanding amount payable by the Customer that the Customer is liable to pay, the Member/Performer agrees that Entertain Oz may, but is not obliged, take reasonable steps to recover the balance from the Customer and the Member/Performer authorises Entertain Oz to do so.

GST:

Cancellation and Refund:

The Member/Performer may cancel the Booking within 42 days of the date of the Event for any reason whatsoever by written notice to the Customer. In such an event, the Member/Performer will be required to refund any payments made by Entertain Oz in relation to the Booking to Entertain Oz who will then refund the Customer.

The Member/Performer may cancel the Booking at any time for reasons of ill health and the Member/Performer will provide a medical certificate certifying that the Member/Performer is unable to perform at the Event if requested by the Customer. In such case, the Member/Performer will be required to refund any payments made by Entertainment Oz who will then refund the Customer. The Member/Performer acknowledges that the Member/Performer is not entitled to any Performance Fee in such circumstances. In the event that the Member/Performer is unable to attend the Event, the Member/Performer agrees to assist Entertain Oz with securing an acceptable substitute Member/Performer to attend the Event.

The Member/Performer agrees that in the event that the Customer is entitled to a refund due to an error, omission or breach of this Agreement by the Member/Performer, the Member/Performer is required to refund any amount paid to the Member/Performer to Entertain Oz who will then refund the Customer.

Where the Member/Performer has breached the contract and fails to perform, the Member/Performer is liable to cover any costs that the client may have lost in relation to marketing and promotions of the event. The Member/Performer is liable for covering any expenses related to resolving the issue, such as legal fees incurred.

Member’s/Performer’s Responsibilities and Warranties:

The Member/Performer acknowledges that it is required to have an Australian Business Number (“ABN”) to participate in a Booking and the Member/Performer agrees to provide the Member’s/Performer’s ABN to Entertain Oz.

The Member/Performer agrees to obtain all necessary insurances, including WorkCover and Public Liability Insurance, required for the Member’s/Performer’s performance at the Event.

The Member/Performer acknowledges that the Member/Performer is solely responsible for all tax obligations and liabilities.

The Member/Performer agrees to provide Entertain Oz with suitable promotional material to be used on the Site. The Member/Performer agrees that Entertain Oz relies on the information provided by the Member/Performer and is not liable for an error, omission or inaccuracy in the information provided by the Member/Performer. The Member/Performer grants Entertain Oz a worldwide, royalty free, non-exclusive, irrevocable licence to publish, and to sub-licence the publication of such material in any form or medium, online or other, and the Member/Performer warrants that it is authorised to grant Entertain Oz the licence.

The Member/Performer warrants to Entertain Oz that any material supplied by the Member/Performer for use on the Site does not breach or infringe:

any copyright, trade mark, confidentiality or other personal proprietary right;
the Competition and Consumer Act 2010 (Cth) and equivalent State legislation;
any law of defamation, obscenity or contempt of any court, tribunal or royal commission; or
any other law or applicable code.

The Member/Performer agrees to notify Entertain Oz if any line up changes or changes to the Member's/Performer’s services or format, whether temporary or permanent in nature, before the Event.

The Member/Performer warrants that the Member/Performer will:

not act in any manner that is deemed damaging to the Customer’s reputation or the reputation of the Member/Performer;
not consume excessive amounts of alcohol before, during or after the Event;
not carry, use or be in any way under the influence of illegal drugs whilst on site at the Event or during the performance;
be appropriately dressed whilst on-site at the Event and during the performance as predetermined and agreed with the Customer;
act in a professional manner at the Event and comply with any reasonable rules and directions specified by the Customer or owner of the venue at which the Event Is held; and
be courteous with and respectful to the Customer, guests and employees during the Event.

In the event that the Member/Performer breaches any of the above warranties, the Member/Performer acknowledges that it will be liable to refund the Performance Fee received by the Member/Performer in respect of that Booking.

CANCELLATION BY ENTERTAIN OZ

Entertain Oz may cancel a Booking made on the Site within 42 days of the date of the Event for any reason whatsoever by written notice to the Customer. In such an event, Entertain Oz will refund the Customer all of the Performance Fee paid by the Customer up until the date of cancellation.

ENTERTAIN OZ RESERVED RIGHTS

Without limitation to all other rights enjoyed by Entertain Oz, Entertain Oz expressly reserve the right at any time to:

Modify this Agreement as provided herein;
Change the Site, including eliminating or discontinuing any content on or feature of the Site, and/or adding new features, categories;
Change any fees or charges for using the Site;
Change, edit, add to, disable or delete any information or imagery at our sole discretion, or other Site content, without notice;
Revoke any Customer or Member/Performer account without refund for acting in a manner Entertain Oz deems inappropriate or unprofessional during any aspect of member-to-client or member-to-member interaction, including without limitation: initial contact, Booking negotiation, performance or service provision, and settlement of payment due;
Terminate any paid membership of any Member/Performer without refund and/or pursue legal action against any User of the Site who does not comply with the Terms and Conditions, though Entertain Oz assumes no obligation to do the same;
Remove any free membership account of any Member/Performer at any time for any reason; and
Remove any Customer or Member/Performer account at any time for any reason.

ONLINE CONDUCT

At all times when using or accessing this Site, Customers and Members/Performers (collectively referred to as “Users”) agree that:

Users are solely responsible for the content or information that Users publish or display (hereinafter, “post”) on the Site or transmit;
Users will not post or transmit any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights;
Users will use the Site in a manner consistent with any and all applicable laws and regulations.
Users will not upload any offensive or sexually suggestive references or post any photographs or other images containing nudity. Entertain Oz reserves the right, but has no obligation, to remove without warning or refund any profile or photograph or image that does not comply with these prohibitions.
Users will not post false or misleading information on the Site;
Users will not “stalk” or otherwise harass any person in any way;
Users will not transmit any chain letters, spam or junk email to other users or to Entertain Oz;
Users will not express or imply that any statements Users make are endorsed by Entertain Oz, without our specific prior written consent from Entertain Oz;
Users will not harvest or collect personal information about other users whether or not for commercial purposes, without Entertain Oz’s written consent;
Users will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, “scrape” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents;
Users will not interfere with or disrupt our services or the Site, or the servers or networks connected to our services or the Site;
Users will not post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment;
Users will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Site;
Users will not “frame” or “mirror” any part of the Site, without Entertain Oz’s prior written authorisation. Users also shall not use meta tags or code or other devices containing any reference to the Site or services in order to direct any person to any other website for any purpose; and
Users will modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Site or any software used on or for the Site or cause others to do so.
Users are solely responsible for interactions with other users reserves the right, but has no obligation, to monitor disputes between Users;

INTELLECTUAL RIGHTS

Unless otherwise noted, all copyrighted works, trademark and other intellectual properties depicted in any texts, images, illustrations, designs, icons, photographs, video clips, sound clips, or and other materials on the Site (collectively, the “Contents”) are owned, licenced by, used with permission, or otherwise lawfully used by Entertain Oz.

Users may not copy, reproduce, publish, store and transmit the Content in any form or by any means in whole or in part without the prior written approval of Entertain Oz, or the relevant affiliate, or third party owner. Nothing contained in the Site should be construed as granting any licence or right to use any of the Content displayed on the Site without the written permission of Entertain Oz, or the relevant affiliate, or third party owner.

BREACH OF TERMS AND CONDITIONS If a Customer or Member/Performer breaches this Agreement, without limiting the remedies available, Entertain Oz may without notice:

cancel a Booking or Booking order without providing a refund;
prohibit the Customer or Member/Performer from using the Site;
restrict the Customer or Member/Performer from making or participating in future Bookings on the Site; and
if required by law, disclose information about the Customer or Member/Performer and the Customer or Member's/Performer’s use of the Site for investigation into any unlawful or harmful activities.

LIMITATION OF LIABILITY AND INDEMNITY

To the extent permissible by law, Entertain Oz is excluded from all liability for direct, indirect, and consequential or incidental damages, loss of profits or savings or damages resulting from loss of expectation suffered by the Customer or Member/Performer in relation to a Booking at an Event.

In the event that Entertain Oz is liable to a Performer or Customer, Entertain Oz’s liability will be limited to refunding any Performance Fee to the relevant Customer or Member/Performer in relation to the Booking or Event in respect of which the claim arose.

The Customer and Performer agree to indemnify Entertain Oz and its officers, employees, contractors and agents (the “Indemnified”), to the extent permissible by law, for any costs, expenses, losses, damages suffered or any claims made by the Customer, Member/Performer or third parties to the Indemnified arising out of the Event, for any reason, or out of Customer’s or Member's/Performer’s breach of this Agreement and any act or omission of the Customer or Member/Performer in connection with the service or the Event.

GENERAL PROVISIONS

All warranties and other terms which are not expressly included in these terms and conditions are excluded to the maximum extent permitted by law.

Users cannot assign their rights under this Agreement to a third party. However, Users agree that Entertain Oz may transfer may transfer or assign to a third party all of its rights and obligations with respect to a User, including any rights and obligations with respect to the User’ information, on the condition that such third party agree to abide by a privacy policy at least as protective as Entertain Oz’s relevant Privacy Policy.

By way of a general disclaimer, Entertain Oz cannot guarantee that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any content, search or link on it. The Site and its content are delivered on an “as-is” and “as-available” basis. Entertain Oz cannot ensure that files Users download from the Site will be free of viruses, hacking or contamination or destructive features. Users understand that by using the Site a User may encounter material that a User deems to be offensive, indecent, explicit or objectionable. Nevertheless, Users agree to use the Site at the User’s sole risk and agree that neither Entertain Oz nor its directors, officers, employees, contractors, servants and agents will be liable for any damages of any kind arising from the use of the Site, including without limitation, direct, indirect, incidental and punitive and consequential damages. Entertain Oz makes no guarantee of any specific result from use of this Site.

The Site’s content may at any stage reference or link to third party sites throughout the World Wide Web. Entertain Oz has no control over these sites or the content within them. Entertain Oz cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. Entertain Oz does not endorse the content of any third party site, nor warrant that a third party site will not contain viruses or otherwise impact on a User’s computer. Users agree and understand that Users may not make any claim against Entertain Oz for any damages or losses, whatsoever, resulting from use of these links on the Site. Users that have an issue with any link on the Site can notify Entertain Oz at info@entertainoz.com.au and Entertain Oz will investigate the claim and take any actions Entertain Oz deems appropriate in its sole discretion.

Invalidation of any provision of this Agreement shall not impair or affect in any manner the validity or enforceability of the remaining provisions, which in such event shall remain in full force and effect.

This Agreement is governed by the laws of Victoria, Australia. Users irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia.