TVCV BOOKER DISCLAIMER
The following definitions apply:
- “member” means any person who has been granted membership of our Website, whether or not that person registers a profile on our Website.
- “TVCV” / “we” / “our” / “us” means TVCV Enterprises Pty Ltd or any agent, employee of contractor of TVCV Enterprises Pty Ltd.
- “Services” means the services we provide by the Website, by email, by telephone or by any other means of communication, to connect members with you in order than you can engage or use the members.
- “Website” means the website of TVCV providing online crewing agency services, currently being tvcv.com.au.
- “you” / “your” and derivatives means any booker (including but not limited to production companies, television networks, production managers or the like),any agent, employee of contractor of that booker, any prospective booker, any agent, employee of contractor of that prospective booker, or any other person accessing our Website or Services.
- You acknowledge and agree that you use our Website and Services, including without limitation any engagement or use of any member, at your sole risk.
- Except where expressly stated otherwise, any material which we provide on our Website or during the provision of the Services is provided as general information only. It is your responsibility to evaluate the correctness, completeness and accuracy of all information, opinions, materials, and profiles posted on our Website or made available to you during the provision of the Services. We recommend that you obtain your own legal, taxation and other professional advice prior to making any decisions or entering into any agreement or obligation with any party, including the use of or engagement of any member, with whom you have connected as a result of our Website or the provision of the Services.
- We do not endorse any opinion, advice or statement made by any person, including any member, other than us. We are not responsible for, and accept no liability with respect to any material uploaded, posted, transmitted or otherwise made available on our Website by any person other than us, and make no representation or warranty that this material will be reliable, accurate or complete. Nor do we accept any responsibility arising in any way from errors or omissions. We will not be taken to have uploaded, posted, transmitted or otherwise made available material on our Website simply by facilitating others, including any member, to upload, post, transmit or otherwise make material available.
- We are not liable to you for: errors or omissions in the Website, or linked sites on the internet; delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and defamatory, offensive or illegal conduct of any user of the Website; whether caused through negligence of TVCV, its employees or independent contractors, or through any other cause.
- In no circumstance will we have any responsibility or be liable to you in respect of your use of access to or conduct in connection with our Website or the Services, or any action or decision by you in reliance on the materials on our Website or made available to you during the provision of the Services (including your use of or engagement of any member), nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software.
- Our limitation of liability in respect of your access to and use of our Website and Services, including without limitation your use of or engagement of any member, and the Other Conditions applies to direct, indirect, consequential, special, punitive or other damages that you or anyone else whether acting through you or on your behalf or otherwise may suffer, as well as damages for loss of profits, revenue, production, business interruption, goodwill, data or opportunity, however it arises (whether in contract, tort including negligence, or otherwise).
- Subject to law, our liability to you that cannot be excluded arising from or in connection with our Website, the Services or your use thereof, including without limitation your use of or engagement of any member, irrespective of the cause of action is limited to the amount(s) paid by you to us (if any) in respect of any services provided by us to you.
- So far as capable at law, we exclude all conditions and warranties relating to our Website, the Services or your use thereof that are not expressly set out on our Website or in the Other Conditions or otherwise required at law (which as required includes the Competition and Consumer Act 2001 (Cth)).
- You agree to fully indemnify and hold us, and each of our directors, officers, employees and agents) harmless against any action, claim, expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with us, our Website or the Services (including without limitation your use of or engagement of any member), including any breach by you of any condition for use of our Website or the Services.
- You release us and hold us, and each of our directors, officers, employees and agents) harmless against any action, claim, expenses, costs, loss (including consequential loss) or damage that you may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with us, our Website and the Services, including without limitation your use of or engagement of any member.
- We act as a medium through which members seek employment opportunities and you advertise job opportunities to members. We are not involved in the actual transaction between you and the members. Accordingly:
- you will contract with and pay the members directly;
- under no circumstances will we be liable to you for any member’s remuneration and benefits including salaries and wages, annual leave, sick leave, superannuation, long service leave and all other benefits to which a member may be entitled as a result of your engagement or use of any member derived from your use of our Website or the Services;.
- we will not negotiate your engagement or use of any member on your behalf or become involved with any disputes you may have with members – this is solely your responsibility;
- under no circumstances will we be liable to you in respect of any disputes with members;
- under no circumstances will we be liable to you in respect of any damage, personal injury, illness or dangerous incident that you or a member incurs as a result of your engagement or use of any member derived from your use of our Website or the Services – such circumstances are solely a matter between yourself and the relevant member;
- you must satisfy yourself as to the nature of your engagement or use of any member with the member (that is, as an employer, principal or some other arrangement) and comply with all legal requirements that you and/or the member have in relation to that engagement, including without limitation, compensation insurance;
- We do not vet, nor are we responsible for vetting, members or the representations made by them whether oral or in writing – including those representations appearing on our Website or made available to you during the provision of the Services.
- it is solely your responsibility to identify the risks that you may encounter during your use or engagement of the member.
- We reserve the right to amend this Disclaimer and any Other Conditions at any time, for security, legal or regulatory reasons and otherwise in our sole discretion, by posting an amended Disclaimer or any Other Conditions on our Website. By your continued or subsequent use of our Website or the Services, following any amendment, you are deemed to have agreed to the amended Disclaimer and Other Conditions. If you disagree with the amended Disclaimer and/or Other Conditions your sole remedy is to cease using our Website or the Services.