Terms of use - Casting Agents

This website is owned and operated by MyCastingNet Pty Limited (ACN 143 564 514) ("MyCastingNet", "we", "us", "our").

These Terms and Conditions of Appointment ("Terms") apply to the provision of casting services by MyCastingNet to a production company or television network which registers for a company casting account ("Customer"). These Terms will automatically apply each time the Customer accepts a Quotation from MyCastingNet.

The Customer acknowledges and confirms that MyCastingNet may from time to time vary these Terms of Use, including to keep up to date with regulatory, legal, technical and organisational changes. These changes will apply to any new engagement of our Services after we have made changes to these Terms; however, we may need to implement changes in respect of an Active Engagement of our Services, in which case we will notify you of the relevant changes as soon as practicable and those changes will apply to the Active Engagement.

Unless otherwise defined elsewhere, capitalised words used in these Terms have the meaning given to those words in clause 1.1 below.

1. DEFINITIONS AND INTERPRETATION

1.1 Definitions

Unless inconsistent with the context, the following capitalised words shall have the following meanings:

"Active Engagement" means an engagement of MyCastingNet to provide the Services (in respect of a Quotation accepted by the Customer) which is not yet completed by MyCastingNet within the agreed scope of the applicable Quotation;

"Applicant" means an individual who prepares and submits a Casting Application via the Website;

"Business Day" means any day which is not a Saturday, Sunday or a gazetted public holiday in Sydney, Australia;

Casting Application means an application available to be submitted to MyCastingNet and the Customer via the Website by individuals who wish to apply to appear in the relevant television program;

"Casting Data" means any and all data submitted by the Applicant in a Casting Application;

"Commencement Date" means the date on which the Customer confirms acceptance of the relevant Quotation;

"Confidential Information" means all information not intended by MyCastingNet to be in the public domain, however recorded or retained, and whether oral or written or electronically stored, including but not limited to any information about the customers, assets, affairs, business concepts, designs, ideas, trade secrets, systems, practices, procedures, strategies, financial data and general business information of MyCastingNet;

"Corporations Act" means the Corporations Act 2001 (Cth);

"Customer Personnel" means the officers, employees, agents or subcontractors of the Customer, including anyone who purports to act on behalf of the Customer;

"Customer Data" means all data that is uploaded to the Website by or on behalf of the Customer, including information about the Casting Application;

"Fixed Term" means the fixed term (if applicable) set out in a Quotation for which the Service will be available for the Customer;

"Fixed Term Account" means an account in respect of which a Fixed Term has been accepted by the Customer in the relevant Quotation;

"Fixed Term Fee" means the fee (excluding GST) payable by the Customer in accordance with the pricing specified in the Quotation for a Fixed Term Account.;

"Force Majeure" means acts of God, acts of government, strikes, lockouts or other industrial disturbances, blockades, wars, insurrections or riots, epidemics, landslides, fires, storms, floods, explosions or other similar causes beyond the control of a party, provided that such party has not substantially contributed to the occurrence of such acts through its own default or negligence;

"GST" has the meaning given to that term in the GST law and includes any replacement or subsequent similar tax;

"GST law" has the same meaning as is ascribed to that term in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);

"Initial Term" means, for Customers on a Subscription Account, twelve (12) months from the Commencement Date;

"Insolvent" means:

  • in the case of a natural person, that person becoming an "insolvent under administration" as that term is defined in the Corporations Act;
  • in the case of a corporation, that corporation becoming
    1. unable to pay its debts as and when they fall due; or
    2. insolvent or deemed to be insolvent under the Corporations Act; or comparable law applicable to Customer; or
    3. subject to any voluntary or involuntary bankruptcy, receivership, or other comparable proceeding under applicable law; or
    4. in any other case, any event analogous to any of the foregoing;

"Intellectual Property Rights" includes all intellectual property rights and industrial property rights throughout the world including rights in respect of or in connection with:

  • all rights in any trade secrets or other Confidential Information;
  • copyright (including future copyright and rights in the nature of or analogous to copyright);
  • right of integrity, rights of attribution and other rights of an analogous nature which may now exist or which may exist in the future (moral rights);
  • inventions (including patents);
  • trade marks;
  • service marks; and
  • rights in designs;

whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions;

"Privacy Act" means the Privacy Act 1988 (Cth);

"Privacy Laws" means:

  • the Privacy Act;
  • the Australian Privacy Principles contained in the schedule to the Privacy Act and any approved privacy code that applies to any party;
  • all guidelines made by the Privacy Commissioner pursuant to the Privacy Act;
  • the European Union General Data Protection Regulations, Regulation (Eu) 2016/679 of the European Parliament and of The Council; and
  • privacy regulations applicable to the Customer, and to MyCastingNet's use of any Casting Data, Customer Data or Customer's Personal Information;

"Personal Information" means all information about a natural person that is collected or otherwise obtained or held by MyCastingNet in connection with the provision of the Service and that is defined as personal information in accordance with the Privacy Act or is personal information to which Privacy Laws apply;

"Quotation" means the quotation provided by MyCastingNet to the Customer setting out the scope of the Services to be provided by MyCastingNet and the applicable Fixed Term Fee or Subscription Fees payable by the Customer;

"Renewal Term" has the meaning given to that term in clause 2.2;

"Service"means the service made available to the Customer through the Website or otherwise as agreed between MyCastingNet and the Customer, including:

  • the creation of customised Casting Applications for the Customer, to the extent of the content provided by the Customer for such purpose;
  • the facility of enabling Applicants to prepare and submit a Casting Application via the Website for review by the Customer (it being acknowledged that the Customer will only be provided with Casting Applications subject to the Applicant having agreed to the terms and conditions for the applicable Casting Application as supplied by the Customer);
  • providing the Customer with access to a dashboard to monitor the status and progress of Casting Applications and monitor web traffic relating to the Casting Application;
  • video encoding of video content submitted by Applicants as part of the Casting Application;
  • managing Casting Data submitted by Applicants as part of the Casting Application;
  • hosting of the Casting Application during the Term;
  • enabling the Customer to record notes and log correspondence with Applicants; and
  • providing other services as may be agreed between MyCastingNet and the Customer;

"Subscription Account" means an account that provides the Customer with access to the Service for an ongoing period of time as agreed between MyCastingNet and the Customer;

"Subscription Fees" means the yearly fee (excluding GST) payable by the Customer in accordance with the pricing specified in the Quotation supplied by MyCastingNet to the Customer for a Subscription Account;

"Term" means:

  • for a Customers on a Fixed Term Account, the Fixed Term; or
  • for Customers on a Subscription Account, the Initial Term and all Renewal Terms;

"Terms" means these terms of use, including such other terms and provisions that may be incorporated herein by reference;

"Website" means www.mycastingnet.com and go.mycastingnet.com or any other website as agreed by the parties.

1.2 Interpretation

In these terms and conditions, unless the context otherwise indicates:

  • references to any statute, ordinance or other law shall include all regulations and other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof;
  • words importing the singular shall include the plural and vice versa, words importing a gender shall include other genders and references to a person shall be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
  • where any word or phrase is given a defined meaning in these terms and conditions, any other part of speech or other grammatical form in respect of such word or phrase shall have a corresponding meaning;
  • headings included in these terms and conditions for convenience only and shall be disregarded in the construction of these terms and conditions;
  • reference to parties means the parties to these Terms and to a party means a party to these Terms;
  • references to a party will include as the context requires that party's respective executors, administrators and successors;
  • references to clauses, subclauses, paragraphs, annexures and schedules are references to clauses, subclauses, paragraphs, annexures and schedules in these Terms; and
  • the words "including" and "includes" and similar words are not words of limitation.

2. TERM

2.1 These Terms commence on the Commencement Date and continue for the Term, unless terminated earlier in accordance with these Terms.

2.2 For Customers on a Subscription Account, the Term shall automatically renew upon the expiry of the Initial Term for a further twelve (12) month period and for each subsequent consecutive twelve (12) month period (each a "Renewal Term") until either party provides the other with written notification of non-renewal. Such notification must be provided at least thirty (30) days prior to the expiry of the Initial Term or the applicable Renewal Term, as the case may be.

2.3 For Customers on Fixed Term Accounts, the Term may be extended as agreed in writing between the Customer and MyCastingNet.

2.4 Upon expiration of the Term:

  • any Active Engagements at the time of expiration of these Terms will continue until the completion of the Active Engagement and, in that event, these Terms will continue to apply until the completion of the Active Engagement (and, for this purpose, the "Term" shall be deemed extended until such completion);
  • MyCastingNet shall be entitled to remove the ability for the Customer to use the Service; and
  • the Customer must promptly return to MyCastingNet all Confidential Information of MyCastingNet held by the Customer.

3. QUOTATION AND ACCEPTANCE

3.1 In completing an enquiry form and accepting a Quotation from MyCastingNet, the Customer acknowledges and confirms that:

  • it has authorised the Customer Personnel to submit the enquiry form to us on the Customer's behalf;
  • the Customer Personnel who signs the Quotation has authority to bind the Customer to these Terms;
  • you have read and understood:
    1. these Terms;
    2. our Privacy Policy (available at https://www.mycastingnet.com/privacy-policy/), as such Privacy Policy is updated from time to time; and
  • you agree to be bound by these Terms.

3.2 MyCastingNet will prepare a Quotation for the use of the Service by the Customer based on the enquiry form submitted to MyCastingNet by the Customer and any correspondence and discussions between MyCastingNet and the Customer.

3.3 The Quotation will set out whether the Customer's use of the Service is based on a Fixed Term Account or a Subscription Account.

3.4 The fees and charges in the Quotation will be based on pricing set out in the rate card published on the Website unless otherwise agreed in a Quotation.

3.5 In the event of an inconsistency between:

  • the pricing in the rate card published on the Website and the Quotation, the Quotation shall prevail; and
  • the terms of the Quotation and the Terms, the Quotation shall prevail.

3.6 The Customer may accept a Quotation by providing written confirmation to MyCastingNet of its acceptance of the Quotation. A Quotation will be deemed to have been accepted if the Customer provides the content required for the Casting Application for the purposes of MyCastingNet creating the Casting Application.

4. PROVISION OF CONTENT BY CUSTOMER

4.1 The Customer will be responsible for providing MyCastingNet with:

  • all content required for the Casting Application, which will be the sole content used by MyCastingNet to prepare a Casting Application (other than instructional content prepared by MyCastingNet);
  • the terms and conditions for the Casting Application, which will be the sole terms and conditions required for the Applicant to prepare and submit a Casting Application (provided that MyCastingNet will be entitled to require Applicants to accept MyCastingNet's own terms and conditions as a condition of accessing and using the Website); and
  • the privacy policy in relation to the collection, handling, use, storage, and disclosure of the Casting Data, which Applicants will be required to accept as a condition of preparing and submitting a Casting Application (provided that MyCastingNet will be entitled to require Applicants to accept MyCastingNet's own privacy policy as a condition for accessing and using the Website).

4.2 The Customer acknowledges and agrees that:

  • it shall be wholly responsible for the content provided by the Customer pursuant to clause 4.1 above and that MyCastingNet shall not be responsible for reviewing or checking such content in any way; and
  • to the extent that the Customer fails to provide any content pursuant to clause 4.1 above, MyCastingNet shall be entitled, without enquiry, to rely on and use such content for the purpose of providing the Service.

5. ACCESS TO THE SERVICE

5.1 MyCastingNet grants the Customer access to and use of Service during the Term, subject always to the applicable Quotation(s) accepted by the Customer during the Term. This right is non-exclusive, non-transferable and limited by and subject to the Customer's complete and ongoing compliance with these Terms.

5.2 MyCastingNet will make the relevant Casting Applications available for completion by the public on the Website, in accordance with the applicable Quotation, during the Term.

5.3 The Customer acknowledges that MyCastingNet makes no representations or guarantees as to the number and/or quality of Applicants who may prepare and submit Casting Applications during the Term.

5.4 The Customer agrees to comply with all directions from MyCastingNet relating to the access to and use of the Service.

5.5 The Customer acknowledges that MyCastingNet's use and disclosure of Personal Information in the Casting Data is governed by MyCastingNet's Privacy Policy.

5.6 MyCastingNet may, in its absolute discretion, retain and use for its own benefit, any Casting Data or information concerning the use of the Service by the Customer for the purposes of monitoring and improving the Service. For the avoidance of doubt MyCastingNet may use the Casting Data for the use or benefit of any third party

5.7 The Customer undertakes to ensure that it complies with the provisions of any relevant statutes, regulations, laws and the requirements of any government authority in relation to the use of the Service, including in relation to the collection and use of Customer Data.

5.8 The Customer agrees and confirms that the Customer is responsible and liable for all acts or omissions of the Customer Personnel as if those acts and omissions were the acts and omissions of the Customer.

5.9 Notwithstanding any other provision of these Terms, the Customer acknowledges, agrees and confirms that the use by the Customer of the Service may be subject to certain limitations based upon the Quotation accepted by the Customer, including without limitation to a restriction on monthly transaction volumes. The specifications and limitations of the Service are published on the Website and may be varied from time to time.

5.10 The Customer undertakes not to provide any content for inclusion on the Website which:

  • infringes the intellectual property rights, privacy rights or any other rights of any person or entity; or
  • breaches any law; or
  • is offensive, threatening, harassing, obscene, pornographic, fetish, false or unreliable;
  • is misleading or deceptive; or
  • is considered spam or unwanted advertising of products or services; or
  • is in the reasonable opinion of MyCastingNet a possible or attempted breach or violation of any of the matters in sub-paragraphs 5.10(a) to 5.10(e) above.

5.11 The Customer undertakes to not:

  • access or tamper with any areas of the Website not intended to be accessible to the Customer;
  • attempt to test or test the vulnerability of the Website or Service;
  • bypass or attempt to bypass any security features of the Website or Service;
  • circumvent or attempt to circumvent any technological measure implemented by MyCastingNet or any other third party to protect the Website and Service; or
  • attempt to interfere or interfere with the Website or Service in any way including by reverse engineering, decompiling, disassembling, modifying or attempting to extract the source code of the Website or Service.

5.12 Notwithstanding any other provision of these Terms, the Customer undertakes to not provide competitors of MyCastingNet (including without limitation directors, shareholders, employees, agents or consultants of any competitors of MyCastingNet) access to the Service.

5.13 If the information of the Customer changes, the Customer is responsible for providing MyCastingNet with up to date information.

5.14 The Customer:

  • acknowledges, agrees and confirms that MyCastingNet shall not be liable to any person for any loss, damage or consequences resulting from inaccurate or incomplete information being submitted by the Customer;
  • represents and warrants that all information provided by the Customer to MyCastingNet or posted on the Website by or on behalf of the Customer is complete and accurate; and
  • grees not to use any features or information published on or made available to the Customer through the Service for any purpose other than those directly related to the audition or casting call described in the applicable Casting Application.

5.15 The Customer acknowledges that MyCastingNet may subcontract the whole, or any part, of the obligations of MyCastingNet under these Terms, without obtaining the prior consent of the Customer.

6. CHARGES

6.1 MyCastingNet agrees to provide the Services subject to the Customer paying MyCastingNet the applicable Subscription Fees or Fixed Term Fee specified in the applicable Quotation in accordance with clauses 6.3 or 6.4 below (as applicable), time being of the essence.

6.2 MyCastingNet will invoice the Customer for the applicable Subscription Fees or Fixed Term Fee in accordance with the applicable Quotation.

6.3 Where a Customer is on a Subscription Account, subject to clause 15.6, the Subscription Fees will be payable in advance by twelve (12) equal instalments on or before the first day of each calendar month, unless otherwise specified in the applicable Quotation.

6.4 Where a customer is on a Fixed Term Account, subject to clause 15.6, the Fixed Term Fee will be payable in advance on the Commencement Date. The Fixed Term Fee will be non-refundable, regardless of the extent to which the Customer utilises the Services in accordance with the applicable Quotation.

6.5 Certain features of the Service are billed on a metered, one-time, or pay-as-you-go basis, in accordance with MyCastingNet's then current pricing published on the Website, and such payments are due as follows (except as otherwise provided in the applicable Quotation):

  • one-time and pay-as-you-go fees are payable in advance upon purchase of the applicable service; and
  • fees for metered services (such as "per-applicant" fees) are calculated and charged at the end of the applicable period.

6.6 If Customer considers in good faith that an invoice exceeds the amount properly payable as calculated pursuant to the Quotation, the Customer must:

  • within five (5) Business Days of receiving the invoice, notify MyCastingNet in writing of the amount in dispute setting out the basis for the dispute and the parties shall, in good faith, attempt to resolve the dispute as soon as practicable;
  • nothing in this clause exempts the Customer from paying the disputed invoice (or the disputed portion of such invoice) within the timeframe for payment as set out in the terms of the invoice; and
  • if the parties do not resolve a dispute arising under this clause 6.6, then the parties agree to abide by clause 19 of these Terms.

6.7 The Customer acknowledges and confirms that MyCastingNet may change the Subscription Fees with effect from the start of the next Renewal Term by notifying the Customer not less than forty-five (45) days prior to the commencement of such Renewal Term. If the Term is extended for the next Renewal Term, the new Subscription Fees shall apply to that Renewal Term.

7. WITHDRAWAL OF ACCESS

MyCastingNet reserves the right to immediately, and without notice to the Customer, terminate the right of the Customer to access to and use of the Service if:

  • the Customer fails to comply with any provision of these Terms including without limitation in respect of the payment of the Subscription Fees or the Fixed Term Fees to MyCastingNet when due; or
  • these Terms are terminated for any reason; or
  • the Customer misuses the Service or fails to comply with the obligations of the Customer as to the use of and access to the Service.

8. TEMPORARY UNAVAILABILITY OF THE SERVICE

8.1 The Customer acknowledges and confirms that:

  • the Service may be temporarily unavailable;
  • MyCastingNet makes no representation or guarantee that access to the Service will be secure, uninterrupted or error free;
  • MyCastingNet makes no representation or assurance that the Service will satisfy the requirements of the Customer;
  • MyCastingNet makes no representation or assurances that the Service will comply with any particular laws, regulations, codes or industry standards;
  • MyCastingNet is not responsible for the suspension or interruption to the Service or any part thereof, regardless of the cause of such interruption or suspension;
  • MyCastingNet may change the Service or any part thereof at any time and without notice or liability to the Customer;
  • MyCastingNet may change any features of the Website and/or the domain name used to access the Website at any time and without notice or liability to the Customer; and
  • MyCastingNet may, in its absolute discretion and without notice to the Customer, deny the Customer access to the Website or any part of the Website at any time and for any period of time.

9. CONFIDENTIAL INFORMATION

9.1 The Customer must treat as confidential all Confidential Information which comes into the possession of the Customer, pursuant to or as a result of its use of the Service and may only disclose such Confidential Information to Customer Personnel who need to know such Confidential Information to enable them to carry out their duties to the Customer for performance of the obligations of the Customer under these Terms.

9.2 The Customer must not, without the prior written permission of MyCastingNet, copy or cause to be copied, disclosed or communicated to the public Confidential Information to a third party, or otherwise use or exploit the Confidential Information.

9.3 The foregoing obligations and commitments not to use and/or disclose Confidential Information shall not apply to:

  • those parts of the Confidential Information that are in the public domain and intended to be publicly accessible by MyCastingNet;
  • Confidential Information which is at the time of disclosure or thereafter becomes part of the public domain through no act or omission by a party;
  • Confidential Information which was otherwise lawfully in the possession of a party, prior to disclosure, as shown by written records;
  • Confidential Information which is after the date of these Terms lawfully disclosed to a party by a third party which did not acquire the Confidential Information under an obligation of confidentiality from or through the other party; or
  • disclosure which is required by law or a regulatory body (including a relevant stock exchange).

9.4 The obligations of the Customer under this clause shall survive the expiration or earlier termination of the Term.

10. OWNERSHIP OF MATERIALS

10.1 The Customer acknowledges and confirms that, unless otherwise agreed in writing, MyCastingNet shall retain all Intellectual Property Rights associated with the Service other than the Intellectual Property Rights in the Customer Data or Casting Data.

10.2 The Customer acknowledges confirms and agrees that:

  • all Intellectual Property Rights in the Service are solely owned by MyCastingNet, and except as expressly set forth herein, no rights or licenses thereto are granted to the Customer, whether expressly, by implication, estoppel or otherwise; and
  • the Customer will not allow any act to be done in respect of the Service which is not expressly permitted by these Terms.

10.3 Subject only to clause 10.4 below, each of the Customer and MyCastingNet acknowledge and confirm that data generated in connection with the Customer's use of the Service, including data relating to the Applicants' use of the Website (other than Casting Data itself), shall be owned by MyCastingNet and nothing in these Terms or otherwise confers any rights on the Customer in relation to such data (including without limitation, Intellectual Property Rights or other proprietary rights).

10.4 Each of the Customer and MyCastingNet acknowledge and confirm that, as between MyCastingNet and the Customer, ownership of Customer Data and Casting Data remains with the Customer (including without limitation, Intellectual Property Rights or other proprietary rights).

10.5 The Customer hereby grants MyCastingNet and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable and transferable license to:

  • use, reproduce, distribute, transmit, publicly display, communicate to the public, modify and publicly perform Customer Data and Casting Data and adaptations thereof, in connection with the development, operation, maintenance, enhancement, and promotion of the Service and the operation of the MyCastingNet business;
  • to collect, combine, aggregate, and analyse data related to the Customer's use of the Service; and
  • use the Customer's name and logo and or represent that MyCastingNet provides services to the Customer for the purposes of marketing and/or promoting MyCastingNet and/or the Service, without compensation or need for the Customer's prior approval.

10.6 The Customer also agrees to irrevocably waive (and cause to be waived) any claims and assertions of so-called "moral rights" or rights of attribution with respect to the Customer Data and Casting Data.

10.7 MyCastingNet has no obligation to, and does not represent or warrant that it will, publish Customer Data, and reserves the right, in its sole discretion, to refuse to allow any particular Customer Data or Casting Data to be uploaded, transmitted or stored via the Service, or to remove any Customer Data and Casting Data at any time without notice or liability to the Customer.

11. WARRANTIES

11.1 The Customer represents and warrants that:

  • it owns or has all necessary rights, licenses, consents, and permissions in the Customer Data sufficient to grant the licenses herein; and
  • the Customer Data and Casting Data, including use of the Customer Data and Casting Data by MyCastingNet in accordance with these Terms, does not and will not infringe, invade, misappropriate or otherwise violate any Intellectual Property Rights, or rights of privacy of any third party or violate any applicable law or regulation.

11.2 The Customer acknowledges and agrees that:

  • it is solely responsible for the Customer Data and the consequences of publishing Customer Data on the Website;
  • MyCastingNet is not responsible in any way for Casting Data and has no control over Casting Data submitted by Applicants;
  • MyCastingNet does not make any guarantee or warranty of any kind in relation to the Customer Data and Casting Data;
  • MyCastingNet is not responsible for hosting the Customer Data and the Customer must maintain back-up copies of all Casting Data;
  • MyCastingNet will not be responsible for the reinstatement or recovery of Casting Data as a consequence of inadequate back-up being maintained by the Customer, or for delivering any Customer Data and Casting Data back to Customer following any expiration or termination of these Terms;
  • on termination or expiration of the Term, MyCastingNet's only obligation with respect to the Customer Data and Casting Data is to remove the Customer Data and Casting Data from MyCastingNet's servers and there is no obligation on MyCastingNet to give the customer a copy of the Customer Data and Casting Data; and
  • the Customer's entitlement to access Customer Data and Casting Data via the Service is conditional upon the timely payment of the applicable Subscription Fees or Fixed Term Fees.

11.3 MyCastingNet acknowledges and confirms that, subject to clause 10.3 above, it will only use the Customer Data and Casting Data as is necessary to provide the Services to the Customer in accordance with these Terms.

12. PRIVACY

12.1 Where Personal Information is collected by MyCastingNet from the Customer for the purposes of the Customer completing an enquiry form or in the course of the Customer using the Service, MyCastingNet confirms that:

  • the Personal Information collected from Customers and held by MyCastingNet includes:
    1. the name, address and other contact information such as email address and telephone number;
    2. billing information including credit card numbers; and
    3. username and password.
  • The Personal Information is collected so that MyCastingNet can:
    1. prepare Quotations;
    2. communicate with the Customer regarding the Quotation; and
    3. if applicable, provide the Service to the Customer.
  • MyCastingNet may provide Personal Information collected from Customers to third parties so that we can provide the Service, for example, billing information may be provided to third parties so that MyCastingNet can charge the Customer for the Service.
  • The Customer is entitled to contact MyCastingNet to request that MyCastingNet updates, corrects or deletes their Personal Information or to make a complaint regarding how MyCastingNet has managed the Customer's privacy, via:

    MyCastingNet Pty Ltd
    Postal address: Level 2, 341 Barrenjoey Road Newport Beach, NSW 2106 Australia.
    Telephone: US Office: +1 323 417 2017 / Australian Office: +61 2 8915 1917
    Fax: +61 2 8572 9925
    Email: casting@mycastingnet.com
    MyCastingNet will respond within thirty (30) days to any such request or complaint.
  • If the Customer is not satisfied with how MyCastingNet has responded to the complaint, then the Customer may make a complaint to the Office of the Australian Information Commissioner.

12.2 Where Casting Data is collected, created, stored, held, used, disclosed in connection with the use of the Service by the Customer:

  • the parties agree to take reasonable steps to protect the Casting Data; and
  • the Customer agrees to comply with, and to ensure that its Customer Personnel comply with, Privacy Laws.

12.3 The Customer agrees to assist and cooperate with MyCastingNet in respect of any obligations arising under Privacy Laws including but not limited to with respect to:

  • any requirements including timeframes set down in Privacy Laws regarding the assessment of data breaches and notification of data breaches to regulatory bodies and individuals; and
  • requests from individuals to access their Personal Information or for their information to be corrected, updated, transferred, deleted or deidentified.

12.4 The Customer must ensure that it has obtained the necessary consents and permissions, in writing where practicable, from any individuals whose Personal Information will be provided to MyCastingNet.

Notifiable Data Breaches Scheme (Australia)

12.5 The parties acknowledge that:

  • the Customer must comply with the obligations set out in Part IIIC (Notification of Eligible Data Breaches) of the Privacy Act in relation to Personal Information relating to the provision of the Services by MyCastingNet, including the obligations to prepare a statement about an eligible data breach under Section 26WK of the Privacy Act and the notification requirements under Section 26WL of the Privacy Act, and provide timely reports to the MyCastingNet in that respect;
  • to the extent MyCastingNet is aware that there are reasonable grounds to suspect that there may have been an eligible data breach (as that term is defined in Section 26WE of the Privacy Act) in relation to Personal Information or is otherwise aware that there are reasonable grounds to believe that the relevant circumstances amount to an eligible data breach in relation to Personal Information (an "Incident"), MyCastingNet may notify the Customer of the Incident, including by providing any relevant details relating to the Incident, and the Customer must comply with its obligation under clause 12.5(a) in relation to the Incident and provide timely reports to MyCastingNet in that respect;
  • the Customer will assume all obligations in relation to an eligible data breach concerning Personal Information relating to the provision of the Services by MyCastingNet for the purposes of Part IIIC of the Privacy Act and any other obligations that may arise under the Privacy Act and the general law concerning Personal Information, and that the Customer's obligations under clauses 12.5(a) and 12.5(b) apply regardless of whether the MyCastingNet may have any similar or equivalent obligations under the Privacy Act;
  • MyCastingNet will provide the Customer with reasonable assistance and cooperation to assist the Customer's compliance with clauses 12.5(a) to 12.5(c) above;
  • the Customer is taken to hold, and is treated as holding, Personal Information relating to the provision of the Services by MyCastingNet for the purposes of the Privacy Act;
  • MyCastingNet agrees to use all reasonable endeavours to assist and co-operate with the Customer in the discharge of the Customer's obligations under this clause 12.5 including providing information, taking steps or undertaking acts that may be reasonably required by the Customer to meet these obligations; and
  • The Customer agrees to indemnify MyCastingNet for all costs and expenses reasonably incurred by MyCastingNet in connection with assisting and co-operating with the Customer under this clause 12.5.

13. NO IMPLIED TERMS

13.1 Subject to clause 13.2, any condition or warranty which would otherwise be implied in this agreement is hereby excluded.

13.2 Where legislation implies in these Terms any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in these Terms. However, to the extent permissible under applicable law, the liability of MyCastingNet for any breach of such condition or warranty shall be limited, at the option of MyCastingNet, to one or more of the following, if the breach relates to services:

  • the supplying of the services again; or
  • the payment of the cost of having the services supplied again.

14. DISCLAIMER, INDEMNITY AND EXCLUSION OF LIABILITY

14.1 The Customer acknowledges that:

  • in accessing the Service, the Customer relied on its own skill and judgment in the selection of the Service and in determining the use and result which Customer intends to obtain from the Service, or both; and
  • no promise, representation or warranty has been made by MyCastingNet in respect of the profitability, benefits or any other consequence in the use of the Website or the Service, or both, or in respect of the suitability of the Website or the Service, or both to the operations and business of the Customer.

14.2 The Service is provided "as is," and MyCastingNet hereby expressly disclaims any and all warranties and conditions of any kind or nature, whether express, implied, or statutory, including without limitation implied warranties of merchantability and fitness for a particular purpose. MyCastingNet does not warrant or represent that the Service, or both will be free from bugs or that the use of the Website or Service will be uninterrupted or error free, and MyCastingNet does not make any other representations regarding the use, or the results of use, of the Website or Service in terms of accuracy, reliability or otherwise.

14.3 Neither party shall be liable for any loss of use or goodwill, interruption of business, loss or inaccuracy of business information or data, lost profits, cost of procurement of substitute services, or any indirect, special, incidental, exemplary, or consequential damages of any kind regardless of the form of action, whether in contract, tort (including negligence), strict product liability, or otherwise, even if it has been advised of the possibility of such damages.

14.4 MyCastingNet's and its affiliates' and suppliers' maximum aggregate total liability to the Customer arising from or relating to these Terms or the Service, regardless of the form of action (whether in contract, tort, strict product liability, or otherwise), shall be limited in the aggregate to the total of all payments received by MyCastingNet or invoiced to the Customer in the twelve (12) months prior to the event(s) giving rise to such liability.

14.5 To the extent that the applicable law does not allow limitations on implied warranties or conditions, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations will be enforced to the maximum extent permitted under applicable law.

14.6 The Customer hereby indemnifies and undertakes to keep indemnified MyCastingNet and the officers, directors, employees and agents of MyCastingNet from and against any and all loss (including legal costs and expenses on a solicitor and own client basis) or liability incurred or suffered by MyCastingNet and the officers, directors, employees and agents of MyCastingNet arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss, cost, expense or liability arose out of or in connection with:

  • a breach by the Customer of the representations, warranties or obligations of the Customer under these Terms; or
  • any wilful, unlawful or negligent act or omission of the Customer.

14.7 The rights and obligations of each of the parties under this clause 14 will survive expiration or termination of these Terms.

15. TERMINATION

15.1 Without limiting the rights of MyCastingNet under clause 7, MyCastingNet may terminate its obligations under these Terms by notice in writing to the Customer if the Customer:

  • commits a breach of these Terms where:
    1. the breach can be remedied and the Customer fails to remedy such breach within ten (10) Business Days after receipt of a notice from MyCastingNet specifying the breach and requiring the Customer to remedy such breach, provided that MyCastingNet may, in its discretion, suspend the Service and any applicable services during such cure period; or
    2. the breach cannot be remedied; or
  • becomes Insolvent.

15.2 Upon expiration of the Term:

  • any Active Engagements at the time of expiration of these Terms will continue until the completion of the Active Engagement and, in that event, these Terms will continue to apply until the completion of the Active Engagement (and, for this purpose, the "Term" shall be deemed extended until such completion); and
  • the Customer must immediately cease use of the Service, and promptly return to MyCastingNet all Confidential Information of MyCastingNet held by the Customer.

15.3 If notice is given to the Customer pursuant to clause 15.1, MyCastingNet may, in addition to terminating these Terms:

  • retain any monies paid in relation to these Terms;
  • be regarded as discharged from any further obligations under these Terms;
  • pursue any additional or alternative remedies provided by law, including any monies owed to MyCastingNet by the Customer.

15.4 The Customer may terminate the obligations of the Customer under these Terms by notice in writing to MyCastingNet if MyCastingNet becomes Insolvent.

15.5 The Customer may terminate these Terms for convenience by not less than thirty (30) days' prior written notice to MyCastingNet, provided always that any termination of these Terms by the Customer pursuant to this clause 15.5 shall not relieve the Customer of any payment obligations under clause 6 of these Terms and shall not limit MyCastingNet from pursuing any additional or alternative remedies provided at law.

15.6 Any outstanding Subscription Fees or Fixed Term Fees shall become immediately due and payable to MyCastingNet upon termination by the Customer pursuant to clause 15.4.

15.7 MyCastingNet may, at any time upon written notice to the Customer, terminate its obligations under these Terms in whole or in part for convenience, subject to a refund of Fixed Term Fees or Subscription Fees paid by Customer in advance in an amount prorated against the portion of the prepaid Fixed Term or subscription term remaining as of the effective date of termination.

16. FORCE MAJEURE

16.1 Neither party is liable to the other party in respect of the results of any delay or failure to perform its obligations pursuant to these Terms if such delay or failure is caused by an event of Force Majeure.

16.2 The performance of the obligations of a party will be suspended for the period of an event of Force Majeure.

16.3 If a delay or failure of the Customer to perform the obligations of the Customer under these Terms due to an event of Force Majeure exceeds forty-five (45) Business Days, MyCastingNet may immediately terminate these Terms on providing notice in writing to the Customer.

17. GST

17.1 Despite any other provision in these Terms, if a party ("Supplier") makes a supply under or in connection with these Terms on which GST is imposed (not being a supply the consideration for which is stated to be GST inclusive):

  • the consideration otherwise payable or to be provided for that supply is increased by, and the recipient of the supply ("Recipient") must also pay to the Supplier, an amount equal to the GST payable by the Supplier on that supply; and
  • the Recipient must pay that amount, without set off or deduction, at the same time as it must pay or provide the consideration for that supply.

17.2 The Recipient need not make a payment due under this clause 17 in respect of a taxable supply until the Supplier has given the Recipient a tax invoice for the supply to which the payment relates.

18. ENTIRE AGREEMENT

These Terms constitute the entire agreement between the parties and supersede all prior representations, agreements, statements an understanding, whether verbal or in writing.

19. DISPUTE RESOLUTION

19.1 In the event of a dispute, controversy or claim arising in relation to the Service (including these Terms) (a "Dispute"), the party raising the Dispute must notify the other party in writing of the existence and nature of the Dispute including detailed particulars of the dispute ("Notice of Dispute") and the parties shall use their best endeavours to resolve the Dispute in good faith. MyCastingNet's address for Notice is:

MyCastingNet, Pty Ltd
Level 2, 341 Barrenjoey Road,
Newport Beach, New South Wales 2106, Australia.

19.2 The Customer acknowledges that MyCastingNet must be allowed a reasonable opportunity to consider and address the Dispute and respond to the Customer and MyCastingNet will respond to the Notice of Dispute within ten (10) Business Days of receipt.

19.3 The parties agree to use good faith efforts to resolve the Dispute, but If the parties do not reach an agreement to do so within twenty (20) Business Days after the Notice of Dispute is received, the Customer or MyCastingNet may appoint a mediator in accordance with clause 19.4.

19.4 The parties will agree upon the identity of a mediator within 5 (five) Business Days of a Notice of Dispute being properly given and, failing agreement, the mediator will be nominated by the chief executive of the Australian Disputes Centre Limited (ADCL) on the request of any party. When choosing a mediator, the parties (or ADCL as the case may be) must have regard to the nature of the dispute and the relevant expertise of the mediator in respect of the nature of the Dispute.

19.5 The parties must, within five (5) Business Days of the appointment of the mediator, confer in the presence of the mediator, either in person or by telephone conference, to:

  • identify the subject matter of the Dispute;
  • identify the provisions of these Terms relevant to the Dispute;
  • discuss each party's position in relation to the Dispute;
  • listen to any comments made by the mediator;
  • attempt to resolve the Dispute by mutual agreement;
  • the mediation will be conducted by the mediator at a time, place and in a manner agreed between the parties or otherwise nominated by the mediator;
  • the parties agree that the mediator will act as an aid to assisting and to resolve the Dispute and not as a determiner or decider or any matter;
  • the parties involved in the mediation will share equally the costs of the mediation; and
  • if the dispute is not settled or resolved within twenty (20) Business Days after the appointment of the mediator (or such other time as may be agreed between the parties), any party to the Dispute may terminate the mediation proceedings by written notice.

19.6 The parties both agree that this clause 19 does not apply in relation to

  • the non payment of fees in respect of the Service;
  • pursue enforcement actions through applicable federal, state, or local agencies where such actions are available;
  • seek declaratory or injunctive relief in a court of law; or
  • to commence legal proceedings in to address a claim in relation to an alleged infringement of Intellectual Property Rights.

20. GENERAL

20.1 These Terms are governed by the laws of New South Wales, Australia.

20.2 To the extent that any action in court of law is permitted hereunder, each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum or to claim that those courts do not have jurisdiction.

20.3 Without preventing any other mode of service, any document in an action including, without limitation, any writ of summons or other originating process or any third or other party notice may be served on a party by being delivered to or left for that party with respect to:

  • MyCastingNet, at: Level 2, 341 Barrenjoey Road, Newport Beach, New South Wales, Australia, 2106; and
  • the Customer, at the address you provided in connection with the enquiry form or your registration.

20.4 A notice, approval, consent or other communication in connection with these Terms:

  • must be in writing unless expressly specified otherwise; and
  • must be left at or sent by prepaid ordinary post to the address of the addressee which is specified in 20.3.

20.5 Unless a later time is specified in it a notice, approval, consent or other communication takes effect from the time it is received.

20.6 A letter is taken to be received on the third day after posting.

20.7 Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with these Terms is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.

20.8 In the event that any provision of these Terms is held to be invalid or unenforceable, then:

  • such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable; or
  • if not capable of such reformation shall be deemed severed from these Terms; and the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.

20.9 The Customer may not assign these Terms, whether directly or indirectly, expressly or by operation of law, including in connection with a merger or change of control, without the prior written consent of MyCastingNet, and any such attempted assignment shall be void and of no effect. MyCastingNet may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding on the parties and their respective successors and permitted assigns.

20.10 The failure to exercise, or delay in exercising, a right, power or remedy provided in these Terms or by law shall not constitute a waiver of that right, power or remedy. MyCastingNet's waiver of any obligation or breach of these Terms shall not operate as a waiver of any other obligation or subsequent breach of these Terms.

 
Terms of Use - Casting Agents | Acceptable use policy | Privacy Policy | Copyright © MyCastingNet.com, All rights reserved.