These User Terms and Conditions govern your use of the GigSync Platform (GigSync Platform), and is a binding agreement between you (you, your or user) and GigSync Pty Ltd (ACN 685 751 759) (GigSync, us, we or our).
By creating a user account or otherwise using the GigSync Platform, you agree to be bound by these terms and conditions.
From time to time, these terms and conditions may change. You can find the current terms and conditions at any time on or on our website at https://gigsync.com.au/. You should check this page from time to time for changes. Your continued access to and use of the GigSync Platform constitutes your acceptance of any revisions or changes to these terms and conditions. Your access to and use of the GigSync Platform is subject to the following terms and conditions.
1 ACCESS AND USE
1.1 Your right to access and use the GigSync Platform is subject to your compliance with these terms and conditions, creation of a user account, and payment of the relevant fees (if any).
1.2 In order to access and use the GigSync Platform, you must be over the age of 18.
2 YOUR RIGHTS AND RESPONSIBILITIES
2.1 You must at all times comply with these terms and conditions and any applicable law, including any Australian State or Federal laws in connection with the use of the GigSync Platform and any reasonable directions given by us in relation to the use of the GigSync Platform.
2.2 We may terminate or suspend or modify your access to the GigSync Platforms, if we reasonably form the view that your conduct is in breach of these terms and conditions, is detrimental to the operation of the GigSync Platform or poses a security risk to any other user.
2.3 We may update, modify or change the functionality of the GigSync Platform at any time. If any change substantially changes the functionality of the GigSync Platform, GigSync will provide you with reasonable notice of the change in functionality.
3 USER CONTENT AND COMMUNICATIONS
3.1 You must not submit or post any information to or using the GigSync Platform, or make any communication using the GigSync Platform which:
(a) is or may be defamatory, misleading, deceptive, fraudulent, offensive, threatening, illegal, pornographic or obscene, or which is or may be spam;
(b) infringes any third party’s proprietary rights, intellectual property rights, rights of publicity, confidentiality or privacy; or
(c) contains any virus, malware, Trojan horse, worm, time bomb, back door or other such malicious software or code.
3.2 You agree to indemnify GigSync on demand for any loss suffered by GigSync in breach of clause 3.1.
3.3 You acknowledge that GigSync may:
(a) delete any post you make to the GigSync Platform or any communication you make via the GigSync Platform at any time that does not comply with terms and conditions; and
(b) retain a copy of any information you submit or post to or using the GigSync Platform, and any communications you make using the GigSync Platform for a reasonable period to comply with its legal obligations.
4 SECURITY, SUPPORT AND REPORTING UNAUTHORISED ACCESS
4.1 Your account and your access to the GigSync Platform are personal to you and you must not authorise others to use your account, including by transferring or selling your account or any of its content to another person. You acknowledge that your username and password through which you can access and use the GigSync Platform (Login Details) are confidential.
4.2 You must keep your Login Details secure, secret and confidential. If you are using the GigSync Platform on behalf of an organisation, you may share your Login Details within the organisation to individuals who need to access the GigSync Platform provided those individuals also keep the Login Details secure, secret and confidential.
4.3 If you know or suspect your account has been accessed without authorisation, you must immediately contact GigSync and must also immediately change your password.
5 INTELLECTUAL PROPERTY RIGHTS
5.1 All Intellectual Property Rights in and to the GigSync Platform are owned by GigSync or its licensors.
5.2 You must not copy, modify, adapt, translate, prepare derivative works from or reverse engineer any part of the GigSync Platform, or authorise, allow or provide the means for others to do any of these things.
5.3 You grant GigSync an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted to the GigSync Platform for the purpose of publishing material on the GigSync Platform and as otherwise may be required to provide or promote the GigSync Platform.
5.4 In this clause 5, “Intellectual Property Rights” means all intellectual property rights anywhere in the world, whether existing now or in the future, or whether registered or unregistered. It includes rights in the layout and design of the GigSync Platform or any trade mark, logo or brand used by GigSync.
6 PRIVACY
6.1 By creating a user account or otherwise using the GigSync Platform, you acknowledge GigSync’s collection, use and disclosure of Personal Information in accordance with the GigSync Privacy Policy at https://www.gigsync.com.au/privacy-policy/.
6.2 Where you disclose any Personal Information to GigSync (through using the GigSync Platform or otherwise), you warrant that you have the obtained any required consent of the relevant individual to the disclosure.
7 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 All express and implied terms, conditions, warranties and guarantees which otherwise might apply to, or arise out of, these terms and conditions are excluded other than:
(a) as expressly stated in these terms and conditions; and
(b) guarantees which by law cannot be excluded or modified by agreement including those under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).
7.2 If we are liable for a breach of a guarantee implied by law and that liability cannot be excluded by law but can be limited, our liability is, to the fullest extent permitted by law, limited to the following (at our option):
(a) supplying the services again; or
(b) payment of the cost of having the services supplied again.
7.3 Subject to clauses 7.1 and 7.2, the GigSync Platform is provided on an “as is” and “as available” basis. GigSync does not guarantee that the GigSync Platform or any data will always be available or be uninterrupted, timely, secure, accurate, reliable or free from errors and omissions or computer viruses.
7.4 To the maximum extent permitted by law, we and each of our directors, officers, employees and agents exclude:
(a) all liability for any loss or damage however caused (including, without limitation, by a party’s negligence) arising out of or in any way connected with any transaction between you and any other user of the GigSync Platform or third party service provider included on the the GigSync Platform (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied); and
(b) all liability for any loss or damage however caused (including, without limitation, by a party’s negligence) for each of the following:
(i) loss or liability which is in the nature of indirect loss, special or consequential loss;
(ii) loss or liability which does not arising naturally and according to the usual course of things from the relevant breach, whether or not such loss may reasonably be supposed to have been in the contemplation of both parties at the time they made the contract as the probable result of the relevant breach; or
(iii) loss or liability which is in the nature of any loss of profits, loss of data, loss of opportunity or loss of goodwill, loss of reputation.
7.5 To the maximum extent permitted by law and subject to clause 7.2, our liability to you in relation to a breach of these terms and conditions is limited to the total amount of fees paid by you to GigSync during the twelve-month period prior to any incident causing liability of GigSync. This limitation does not apply to any liability for fraud, for personal injury or death caused by GigSync’s negligence, or for any matter for which it would be unlawful for GigSync to limit its liability.
8 DISPUTES WITH OTHER USERS
You acknowledge that the GigSync Platform is provided by GigSync to facilitate interactions between users of the GigSync Platform. Accordingly, you acknowledge and agree that:
(a) GigSync does not itself provide any services to users (with the exception of providing the GigSync Platform);
(b) GigSync is not responsible for any services provided by other users or cancellations of bookings by other users made via the GigSync Platform;
(c) any disputes between users must be managed by those users; and
(d) you agree that GigSync will have no responsibility to investigate, mediate or settle any dispute between you and any user of the GigSync Platform.
9 GENERAL
9.1 These terms and conditions are governed by the law of Queensland, Australia, and you submit to the non-exclusive jurisdiction of the courts of Queensland and the courts of appeal from them.
9.2 We may assign or novate this agreement to any other person on written notice to you. you must not assign, novate or sub-license any of your rights or obligations under this agreement to any person without our prior written consent. Any purported dealing in breach of this prohibition is void and of no effect.
9.3 In the event that any part of these terms and conditions is void, voidable, illegal or otherwise unenforceable, it may be severed and the remaining provisions of these terms and conditions will remain in full force and effect.
10 CONTACT US
If you have any questions or comments with respect to these terms and conditions or the GigSync Platform (including if you believe any content posted on the GigSync Platform breaches these terms and conditions), please direct them to:
GigSync Pty Ltd
Email: tom@gigsync.com.au