These Terms of Use (Terms) govern your use of our website located at www.AT2casting.com, www.at2.com.au, www.auditionmagic.com and www.managermagic.com (Sites) and any subdomain of this URL, form a binding contractual agreement between you, the user of the Site and us, AT2 Casting Pty Ltd owner and operator of AT2 Casting and Audition Magic.
These Terms are important and you should ensure that you read them carefully and contact us with any questions before you use the Site. You can contact us at info@at2.com.au .
If you continue to browse and use this Site you acknowledge and agree that you have had sufficient chance to read and understand the Terms and you agree to be bound by them. If you do not agree to the Terms, please do not use the Site.
1. Definitions
1.1. “You” means the user of the Site, “We/us” means AT2 CASTING PTY LTD and/or AUDITION MAGIC, “website” or “Site” means the sites located at the domain at2casting.com, auditionmagic.com, managermagic.com, at2.com.au, at2.co.nz or any other sub-domain of these domains, “Content” means all information and other material available within the Site.
2. Information
The information contained in this Site are for general information purposes only. While we endeavor to keep the information up to date and correct, we can make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the Site for any purpose.
2.1. Any reliance you place on the information is at your own risk. Before acting on any information, job requests, opportunities or other, we recommend that you consider whether it is appropriate for your circumstances and make your own enquires to determine if the information, products or services are appropriate for your intended use.
3. Licence to use Site
3.1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Site in accordance with these Terms.
3.2. You may access and use the Site in the normal manner and may also print copies of any page within the Site for your own personal, non-commercial use. You may copy extracts only to individual third parties for their personal use, but only if you acknowledge the Site as the source of the material. Any redistribution or reproduction of part or all of the contents in any form is prohibited unless expressly allowed by these Terms.
3.3. You may not, except with our express written permission, distribute or commercially exploit the content of this Site. You may not transmit it or store it on any other website or other form of electronic retrieval system. You agree not to (or to facilitate any third party to) copy, transmit, distribute, publish, commercially exploit or create derivative works of the Content.
3.4. You must not use or add any content to the Site:
a. unless you hold all necessary rights, licences and consents to do so;
b. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
c. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
d. that would bring us, or the Site, into disrepute; or
e. that infringes the intellectual property or other rights of any person.
3.5. The Site may contain links to other websites as well as content added by people other than us. We have no control over the nature, content and availability of those websites or external content. We do not endorse, recommend, sponsor or approve any such user generated content, the views expressed within that content and any content available on any linked website.
3.6. You acknowledge and agree that:
a. we retain complete editorial control over the Site and may alter, amend or cease the operation of the Site at any time in our sole discretion; and
b. the Site will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
3.7 You undertake not to use the content or e-mail services for any unlawful purpose; that you shall not make any use of the Site or e-mail services such that the whole or part of the Site is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Site is in any way impaired; not to use the Site or its e-mail services for the transmission or posting of any computer viruses or any material which is defamatory, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety.
4. Intellectual property rights
4.1. Nothing in these Terms constitute a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Site.
4.2. Our Site contains material which is owned by or licensed to us and is protected by Australian and international laws, including but not limited to the trademarks, trade names, software, content, design, images, graphics, layout, appearance, layout and look of our Site. We own the copyright that subsists in all creative and literary works displayed on the Site.
4.3. By posting or adding any content onto the Site, you grant us a perpetual, non- exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other person to do the same thing.
4.4. You consent to any act or omission that would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
4.5. The licence in paragraph (4.3) will survive any termination of these Terms.
4.6. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in paragraphs (4.2) and (4.3).
5. Rights Reserved
5.1 You agree not to (or to facilitate any third party to) copy, transmit, distribute, publish, commercially exploit or create derivative works of the Content without prior permission from Audition Magic, AT2 Casting, Manager Magic or associated URL’s. This site is Copyright © 2014-2020 to AT2 Casting Pty Limited. All rights reserved. All content included on the sites, such as text, graphics, photos, logos, button icons, images and audio and video clips is the property of AT2 Casting Pty Limited and our content suppliers. This material is protected by Australian and international copyright laws. This material may be used as a resource by users. Any other use by users, including the reproduction, adaptation, modification, distribution, transmission, republication or display of the content on this site is strictly prohibited.
6. Payments, Refunds , Delivery & Exchange Policy
6.1 All Paid Packages purchased for Artists or on their behalf by their Agency or a 3rd party, are paid upfront in advance or agreement for monthly payments over the period of 1 year and are non-refundable and non-returnable.
6.2 All Paid Packages are for a period of 12 months from purchase. Regardless if the artist selects annual or monthly payment options, the commitment of each artist is still an entire 12 month period.
6.3 All Monthly packages will be billed monthly at the agreed rate displayed when purchasing, approximately a pro-rated amount of the total annual cost, plus some extra processing fees on top.
6.4 If any of the Monthly payments fail during the 12 month membership, dishonour fees may apply for failed payments and the company reserves the right to charge the Artist or agency acting on the Artist's behalf in full, for all remaining months owing, using the card provided at time of purchase or other means. If not possible and the artist or representative of the Artist fail to respond to failed billing payment email notifications and calls, the company will enlist a 3rd party debt collection service to ensure recovery of all remaining funds owing. If this occurs all fees to the 3rd Party debt collection service will be charged on top of fees owing to the company at the artists expense and not the companies.
6.5 Membership protection selected by the Artist when purchasing a paid package, is an agreement by the Artist or agency acting on the Artists behalf, to automatically use the same card on file to renew the artist for a further 12 month period, ongoing, once the initial 12 month period has expired. This will only be cancelled if notified by the Artist prior to the end of the Artists initial or subsequent billing period.
6.6 Spectators Packages purchased directly by the Artist or on their behalf by their Agency are for a period of 1 year. These automatically renew annually until they are cancelled by you or someone on your behalf in the app.
6.7 Delivery of Artist Packages are immediate if payment is accepted online, activation of the profile and package period will commence, note all packages require minimum one (1) image in order to be displayed in searches.
6.8 Exchange from one paid package to another, is available to all Artists and their Agencies. An Artist may upgrade to a higher cost package and will pay a pro-rated difference in package price for the remainder of their membership period. Downgrading a package is possible, however no refunds on the package difference will be offered. And a package purchased cannot change names and the remaining period used by another Artist.
7. Warranties
7.1. You represent and warrant to us that you have had sufficient opportunity to access and comply with these Terms and that you have the legal capacity to enter these Terms. If you do not agree with these Terms please do not use this site.
8. Liability
8.1. To the full extent permitted by law, we exclude all liability for any loss, damage, costs or expense, whether direct, indirect, incidental, special and/or consequential including loss of profits or data, suffered by you or any third party, or claims made against you or any third party which result from any use or access of, or any inability to use or access the Site.
8.2. To the full extent permitted by law, we exclude all representations, warranties, guarantees or terms (whether express or implied) other than those expressly set out in these Terms.
8.3. These Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. Every effort is made to keep the Site up and running smoothly. We take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
8.4 You agree that Audition Magic, AT2 Casting Pty Ltd and associated entities, shall not be liable for any loss or damage whatsoever arising directly or indirectly from or in any way connected with the Site or your use of or reliance upon the Content or any information you obtain by means of the Site or any bookings or purchases you make from third parties through your use of the Site, including, without limitation, damage for loss of profits, loss of business, or any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage).
8.5 Notwithstanding that appropriate steps have been taken to ensure that the information on this site is accurate, AT2 Casting Pty Ltd cannot accept liability for reliance placed on the contents and/or any omissions which may occur. Those employing performers or specialists from our systems and sites must make their own enquiries of the performer / specialist to satisfy themselves that he/she is competent to perform the skills required.
8.6 You agree and acknowledge that you are solely responsible for evaluating any goods or services offered by third parties via the Site. You acknowledge any bookings or purchase of goods or services made with a third party via the Site shall be subject to the terms and conditions of the third party supplying the service and/or goods concerned and that we will not be a party to or in any way responsible for or liable to you in respect of any transactions between you and third parties.
8.7 We do not make any representations or warranties as to the security of any information you might be requested to give to any third party.
8.8 If you are under 18 years of age, you must obtain your parents or guardian’s consent prior to using the Website and/or applying for Membership. Any membership created will be assumed by us that you have obtained such consent and as such offer no refunds as per terms above.
9. Indemnity
9.1. You may only use this Site if you agree to indemnify and hold us (and our officers, directors, employees and agents) harmless from and against all claims, actions, suits, demands, damages, liabilities, costs or expenses (including legal costs and expenses on a full indemnity basis), including in tort, contract or negligence, arising out of or connected to your use of this Site.
9.2. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
10. Changes
10.1. This information and Terms may be amended without notice from time to time in our sole discretion. Your use of the Site following the amendments indicates that you accept the amendments. You should check these Terms from time to time to review any changes.
11. Breach of these terms
11.1. You may only use this Site for a lawful purpose and in a manner consistent with the provisions set out in these Terms. You must not use this Site if you think the exclusions and limitations of liability set out in these Terms are unreasonable. We reserve the right to takedown content and information found to be in breach of copyright, or which in our reasonable opinion is deemed illegal and/or inappropriate. If you breach the Terms, we reserve the right to block you from the Site, bring court proceedings against you and to enforce our rights against you. All rights not expressly granted in the Terms are reserved.
12. Competitors
12.1. Competitors are prohibited from using the content or information on our Site for the purpose of competing with our business. If you breach this provision, we will hold you responsible for any loss that we may sustain, and hold you accountable for any profits that you may make from the prohibited use. We reserve the right, in our sole discretion to exclude any person from using our Site.
13. Enforceability
13.1. If any clause or provision of these Terms is found to be illegal, invalid or unenforceable by a court of law, then the clause or provision will not apply in that jurisdiction and is deemed not to have been included in the Terms in that jurisdiction. This will not affect the remaining provisions, which continue in full effect.
14. Disputes
14.1. By accepting these Terms you agree to use your best endeavours to use negotiation and mediation to resolve disputes arising from or in connection with these Terms. Please notify us in writing of any dispute you may have.
15. Termination
15.1. These Terms terminate automatically if, for any reason, we cease to operate the Site.
15.2. We reserve the right to terminate and cancel our Service as per these terms, providing no more than 30 days notice to members. This may forfeit any remaining period you have of membership to our service without refund or proportional refund.
15.3. We may otherwise terminate these Terms immediately, on notice to you, if you have breached these Terms in any way.
16. General
16.1. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
17. Jurisdiction
17.1. These Terms are governed by the laws of Australia and each party submits to the jurisdiction of the courts of Australia.
Website Terms of Use last updated as at : 22 May 2015