Crew Member Terms and Conditions
TVCV ENTERPRISES PTY LTD ACN 160 357 291) (“TVCV” / “we” / “our” / “us”)
C/- PO Box 490, Currumbin Q 4223
The below named crew member (“Member” / “you” / “your”)
“Fee” means the fee stipulated above.
“member” means a person who has been granted membership of our Website.
“membership” means your admittance as a member.
“Members Log In” means the unique membership login that you will receive once you are admitted as a member.
“My TVCV interface” means the area on our Website where members use their Members Log In to gain access to their Profile.
“Website” means the website of TVCV providing online crewing agency services, via which the Member can create a Profile, currently being www.tvcv.com.au.
1. TVCV, via our Website, is a platform designed to connect you directly and immediately to the television industry. Our Website is a tool for you to market yourself and be showcased, via our Website, to national and international production companies and television networks (“Bookers”), and for Production Managers of Bookers to find crew fast and easily.
2. How will we do this?
Our Website acts as (amongst other things):
A site for Bookers to post jobs and search for suitable members; and
A site for members to post profiles and search for suitable jobs.
Where we receive notice of jobs from our Bookers (“Job Alerts”), these will be emailed exclusively to you and our other qualified members only, for the first 24 hours; these Job Alerts may then be posted live on our Website, and from that time will be viewable by the general public. Except however, when a Booker has an urgent job that needs filling immediately, in which instance the Job Alert is will be posted public on our Website (not emailed exclusively to members) and is available to the general public.
3. Upon our receipt of your payment of Fees and agreed Terms and Conditions you will be issued with a TVCV Members Log In enabling you access to the My TVCV interface on our Website (this will occur on what is known as the “log in activation date”). Once you have access to the My TVCV interface you are able to create your own personalised profile (“Profile”), which may include your own online CV, your PDF resume and your professional head shot.
4. When completing your Profile you must:
provide accurate and current information;
not register as a member multiple times;
select chosen fields, provided that by selecting a chosen field you warrant that you have at least three (3) years commercial experience working in that field (requirement reduced to 12 months commercial experience for the field of Runners, Juniors and Assistants). You may select a maximum of three (3) chosen fields only and you must be skilled in these fields with supporting credits.
5. Your membership will commence on the log in activation date and will be valid for 12 months thereafter (unless cancelled, suspended or terminated in accordance with these Terms and Conditions).
6. You may seek to extend your membership for further period(s) by applying to us for an extension and by paying the (then current) relevant fee.
7. You are entirely responsible for:
maintaining the security and confidentiality of your Members Log In and associated password; and
all activities that occur via your Members Log In and Profile.
8. We accept no responsibility for any unauthorised or improper use. You agree to notify us immediately of any unauthorised use of your Members Log In or Profile or any other security breach.
What We Will Not Do
9. We are not involved in the actual transaction between you and Bookers. Accordingly:
you will be contracted and paid by the Bookers directly;
under no circumstances will we be liable to you for any remuneration and benefits including salaries and wages, annual leave, sick leave, superannuation, long service leave and all other benefits to which you may become entitled as a result of any job derived from your use of our Website;
while we may be available (subject to demand) for advice and support and to discuss career matters and industry information in respect of rates with you, we will not negotiate jobs with Bookers on your behalf – this is solely your responsibility;
under no circumstances will we be liable to you in respect of any jobs cancelled by Bookers, delayed payments from Bookers, or any other disputes with Bookers;
you acknowledge and agree that we are not responsible for any material posted by you, any of our other members or any Bookers on our Website, including the truth or correctness of any jobs posted on our Website, or the ability of Bookers to offer you jobs.
10. You agree that you will conduct yourself professionally and courteously at all times when communicating via our Website.
11. You agree that you will conduct yourself professionally, courteously and perform work to a high standard at all times when dealing with Bookers or associated parties, whether in performing a job obtained via our Website, liaising with Bookers and associated parties in respect of same, and otherwise in all dealings resulting from your use of our Website. You acknowledge and agree that we reserve the right to immediately suspend or cancel your membership should you fail to do so.
12. You are required to pay tax on all jobs derived via our Website, as required by law.
13. If you are a Pty Ltd Company you must obtain and hold valid insurances (including but not limited to public liability, personal injury, workers compensation or loss of income) throughout the duration of your membership, as required by law.
14. You are responsible for making your own way to and from any job or interview and are responsible for all travel and accommodation expenses which you incur, unless you agree otherwise with the Booker, which is and remains a matter between yourself and the Booker, and not TVCV.
15. We will enable other members (in our sole discretion) to create profiles on the My TVCV interface, and you acknowledge and accept that some or all of those members may be in competition with you or offer skills and services competitive with you.
16. You acknowledge and agree that directors, employees and administrators of TVCV, including but not limited to Jasmin Parkinson, will remain actively working in the television industry at their sole discretion, and may be employed directly by Bookers. You acknowledge and agree that in those circumstances preferential treatment cannot be given to you or any of our other members.
17. You may cancel your membership by providing not less than two (2) weeks’ notice in writing to us. Where such cancellation occurs you will be eligible for a refund of the Fee paid, if full annual payment was made, on a pro rata basis for any full months of your membership not used. If you are on an installment payment plan you must notify us of your intent to cancel at least two weeks prior to a scheduled payment, and that payment and any future remaining payments will be cancelled. There are no part refunds on installment payments.
18. Provided however that, should you cancel your membership, we reserve the right not to accept any further application(s) from you to recommence membership. Membership renewals after a cancellation may incur a waiting period of twelve (12) months from the time of cancellation and any increased fees will be applicable.
No Guarantee of Job
19. We provide no guarantee to you:
of the continued availability of any job posted on our Website, and will not be liable to you should any posted job have been filled, whether or not that job remains posted on our Website after it has been filled;
of any jobs within your chosen fields or field of experience being available on our Website, and will not be liable to you should there not be any posted jobs within your chosen fields or field of experience for any period of time;
that any Booker will view your Profile, or will interview you or hire you;
as to the terms or duration of any job that you obtain via our Website. You waive any claim you may have against us for your failure to obtain any jobs via our Website, or in respect of terms or duration of any job that you do obtain;
that every job posted on our Website represents a true job vacancy;
that you will derive any benefit from your membership or your use of our Website;
of any quantity or duration of jobs that you may derive from the use of our Website, nor the income that you may derive as a result of any job;
that you will receive payment for any job that you may derive from the use of our Website.
Using our Website
20. You covenant and warrant to us that you will not use our Website:
to breach any laws or regulations;
to post inaccurate or misleading information (including about yourself and your work experience and capabilities);
to impersonate any other person, or to create a membership for any person other than you;
for, or to encourage, any unlawful purpose;
to violate any law, statute, ordinance or regulation whatsoever;
to be involved with any unlawful content such as viruses, trojan horses, worms or any other matter that may damage or adversely affect the operation of any system, data or personal information or the security of our Website;
to post any abusive, threatening, libellous, offensive or other objectionable material;
to unlawfully threaten or harass any Bookers or any other member or us whatsoever;
to be involved with unlawful content such as child pornography or any material harmful to minors;
to be involved with spam, chain letters, pyramid schemes, or unsolicited advertising in any format;
to post any derogatory remarks about us.
21. You acknowledge and accept that all information and data which you post on our Website, may be viewed by the general public, including by your present employer.
22. You covenant and warrant to us that you will not use any device or software to crash or otherwise damage our Website or its operation.
23. No part of our Website may be reproduced, republished, retransmitted, modified, linked to, broadcast or distributed for any commercial purpose whatsoever by you without our prior written permission.
24. We reserve the right to:
edit or remove any material which you, or any other member or Booker, posts on our Website (including but not limited to in the My TVCV interface, the Members Noticeboard, your Profile or any other profile, posted jobs, and blog or forum sections of our Website); and
suspend, shut down or delete any Profile or Members Log In,
which in our view violates these Terms and Conditions or is otherwise deemed offensive or inappropriate by us. Provided that we do not assume any obligation to do so, and to the extent permitted by law we disclaim any liability for failing to take such action.
25. While we make every reasonable effort to ensure our Website is running effectively, we provide no warranty to you that our Website, or the services provided therein (including but not limited to the My TVCV interface, the Members Noticeboard, your Profile, posted jobs, Job Alerts, and blog or forum sections of our Website) will be timely, error free or uninterrupted, or that defects thereof will be corrected within any specific period of time. Your access to our Website may be suspended without notice on the occurrence of maintenance, repair or failure of our Website.
26. The Website may contain links to sites on the internet owned and operated by third parties and which are not under our control. The existence of a link to other sites does not imply any endorsement by us of the linked site; and we are not responsible for the material contained on those linked sites (including the accuracy or legality) thereof. The use of any of linked site is entirely at your own risk.
27. 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.
28. We do not warrant or guarantee to you that mail delivered to you or files downloaded by you from our Website will be free from viruses, trojan horses, worms or any other matter that may damage or adversely affect the operation of any system, data or personal information. You are solely responsible for putting in place sufficient security and procedures to protect you against these risks and the risk of resulting loss of data.
No Professional Advice
29. Except where expressly stated otherwise, any material which we provide on our Website is provided as general information only. We do not recommend or endorse any job posted on our Website. It is your responsibility to evaluate the correctness, completeness and accuracy of all information, opinions and jobs posted on our Website. We recommend that you obtain your own legal, taxation and other professional advice prior to making any decisions, accepting any job which is posted on our Website or entering into any agreement or obligation with any Booker with whom you have connected as a result of our Website.
30. We reserve the right change, alter, discontinue or suspend the appearance and/or functionality of our Website and the services provided therein, and without being required to provide notice to you.
31. You agree to comply with these Terms and Conditions and the Other Conditions in all respects. You acknowledge and accept our right to suspend or cancel your membership, Profile or Members Log In immediately, and without liability to you, should you (in our sole opinion) be in breach thereof.
Warranties, Disclaimer and Limitation of Liability
32. You acknowledge and agree that you use our Website at your sole risk.
33. 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 our services, or any action or decision by you in reliance on the materials on our Website, nor any interruption, delay in operation or transmission, virus, communications failure, internet access difficulties, or malfunction in equipment or software.
34. Our limitation of liability under these Terms and Conditions and 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.
35. Subject to law, our liability to you that cannot be excluded arising from or in connection with our Website or your use thereof or in connection with the services supplied or offered by us to you, irrespective of the cause of action is limited to the amount(s) paid by you to us (if any) in respect of those services.
36. So far as capable at law, we exclude all conditions and warranties relating to our Website or your use thereof or in connection with the services supplied or offered by us to you, that are not expressly set out in these Terms and Conditions or in the Other Conditions or otherwise required at law (which as required includes the Competition and Consumer Act 2001 (Cth)).
37. 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 and our Website, including any breach by you of these Terms and Conditions and the Other Conditions.
38. We do not endorse any opinion, advice or statement made by any person other than us.
39. 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 to upload, post, transmit or otherwise make material available.
40. Each party warrants to each other party that these Terms and Conditions create legal, valid and binding obligations, enforceable against the relevant party in accordance with its terms.
41. You confirm that you are 18 years of age or over.
42. These Terms and Conditions do not create a relationship of employment, agency, trust or partnership between TVCV and the Member.
43. These Terms and Conditions may be executed in any number of counterparts. All counterparts taken together constitute one instrument.
44. These Terms and Conditions shall be governed and construed in accordance with the laws in force in the State of Queensland and the parties irrevocably submit to the non-exclusive jurisdiction of the courts of Queensland.
45. It is agreed and declared that these Terms and Conditions contain all terms and conditions between the parties hereto and constitute the entire understanding and agreement of the parties in relation to the subject matter hereof and supersedes all prior negotiations, understandings and agreements between TVCV and the Member in relation to the subject matter. TVCV has made no warranty (oral or otherwise) except as expressly stated herein.
46. The Member warrants and covenants in favour of TVCV, that it has received, or has waived its right to receive, independent legal advice with respect to all matters contemplated by these Terms and Conditions.
47. It is expressly agreed that no variation or alteration of these Terms and Conditions shall be effective unless in writing and signed by the Member and a duly authorised signatory of TVCV.
48. Headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of these Terms and Conditions.
49. If a provision in these Terms and Conditions is held to be illegal, invalid, void, voidable or unenforceable, then that provision must be read down to the extent necessary to ensure that it is not illegal, invalid, void, voidable or unenforceable. If it is not possible to read down a provision as required, then that provision is severable without affecting the validity or enforceability of the remaining part of that provision or the other provisions in these Terms and Conditions.
50. A single or partial exercise or waiver of a right by us relating to these Terms and Conditions does not prevent any other exercise of that right or the exercise of any other right by us. We will not be liable to you for any loss or expenses incurred by you or any other party caused or contributed to by our waiver, exercise, attempted exercise, failure to exercise or delay in the exercise of a right.
51. We reserve the right to amend these Terms and Conditions at any time, for security, legal or regulatory reasons, by posting amended Terms and Conditions on our Website. By your continued or subsequent use of our Website, following any amendment, you are deemed to have agreed to the amended Terms and Conditions. If you disagree with the amended Terms and Conditions your sole remedy is to cease using our Website and/or cancel your membership in accordance with these Terms and Conditions.
52. The Member must satisfy themselves as to the nature of their engagement with the Booker (that is, as either employees or contractors) and all legal requirements that the Member and/or Booker has in relation to that engagement (such as insurance), prior to commencing work.
52. The risks that the Member may encounter during their employment or contract with the Booker is a matter that they should discuss direct with the relevant Booker.
53. TVCV recommends you do not engage as a sole trader.
54. TVCV is not responsible or liable for any damage or injury caused to the Member during their engagement with the Booker.
The Member hereby accepts these Terms and Conditions.