Out Entertainment Australia
Terms and Conditions
Last Updated: December, 2017.
Please read these Terms and Conditions Carefully.
These Terms and Conditions (“Terms and Conditions”) outlined below, contains the terms that govern your access, use, rights and obligations in relation to access and use of the services offered through www.outentertainment.com.au (the “Website”) by Out Entertainment Australia Pty Ltd, New South Wales limited company having its principal place of business based at: 22 Meta Street, Caringbah, NSW 2229 (“Out Entertainment,” “we,” “us,” or “our”).
These Terms and Conditions are the “Agreement” between Out Entertainment, and you or the entity you represent (“you”).
You represent to us that you are lawfully able to enter into contracts (e.g., you are not a minor). If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity.
By accessing the Website and using the services provided by Out Entertainment, you agree to be bound by the terms and conditions of this Agreement.
1. About Out Entertainment
- a) Out Entertainment Agency is a creative marketing and entertainment agency dedicated to providing Sydney’s best entertainment and creating brand identities that tell a story.
- b) The services (collectively, the “Services”) we offer, include but are not limited to the following:
- i) Entertainment Services
- ii) Consultancy Services
- iii) Branding Services
- iv) Marketing Services
- v) Graphic Design Services
- vi) Equipment Hire Services
- vii) And much more!!
- c) Click here to view a complete list of our Services. We may at our sole discretion and at any time without prior warning, discontinue providing part or all of the Services, without prior notice.
2. Accessing and using our Website
- a) Anyone can access our Website and view its contents.
- b) However, to purchase any of our Services, you will need to contact us so we can initiate your purchase of the requested Service(s). For that purpose, you must be at least 18 years of age.
- c) You are not eligible to purchase the Services if we have temporarily suspended or previously terminated your access to the Website and we have not expressly authorised you in writing to resume using the Services.
3. Service Purchase
In order to purchase our Service(s) (“Service”), you will need to first Contact Us, specifying the type of Service(s) you desire.
3.2 Service Quote
- a) After receipt of your message, we will provide you with a free consultation by phone or email, in order to discuss with you, in detail, aspects of the Service(s) you require, include specifications, preferences and other pertinent information.
- b) After the consultations, we will prepare a Service Quote as per the details discussed, and email it you. The Service Quote shall, in addition, contain additional terms and conditions related to the Service(s) you’ve requested.
3.3 Service Quote Acceptance
- a) To become a binding Agreement between you and Out Entertainment, you must accept and approve the Service Quote in writing through your own signature, and thereafter email the Service Quote back to us.
- b) The Agreement for the requested Service(s) will take effect on the Date you sign the Service Quote, and will remain in effect until we complete the requested Service(s), in accordance with the terms and conditions specified in the Service Quote.
4. Services Fees and Payments
- a) The Total Fee for the requested Service(s) including the Deposit Fee and the Balance Fee shall be as specified on the Service Quote provided to you.
- b) Unless otherwise specified on the Service Quote, you agree to pay us, the Total Fee in two instalments as follows:
- i) You agree to pay the Deposit Fee either on the date of signing the Order Form or no later than 7 days before the Service(s) commencement date; and
- ii) You agree to pay the Balance Fee indicated on the Service Quote, immediately we complete the Service(s), before providing any Deliverables.
- c) All Payments must be made to Out Entertainment through the payment method indicated on the Order Form. All Payments are final and unless otherwise specified in this Agreement, non-refundable.
- d) We reserve the right not to commence the Services, suspend the Services and/or refuse to provide any Service deliverables until you have made all due payments.
5. Billing and Payment Terms
5.1 Billing Terms
All Service Fees indicated on the Service Quote provided to you, are payable in Australian Dollars (AUD).
5.2 Payment Terms
Any fees charged by your debit or credit card provider in connection with your payment for the requested Service(s) are for your own account and Out Entertainment shall not be responsible for these. You shall be responsible for all costs you incur in connection with your use of the Services.
- a) You may cancel the requested Service(s), within a period of 7 days from the date you purchased the Service(s), by contacting us.
- b) Once we receive your cancellation request:
- i) The Service Fees paid shall be refunded to you within seven (7) days, through your original method of payment (You are responsible for charges we’ve already incurred for the Service(s) and any charges to be incurred as a result of such refund.); and
- ii) We will immediately suspend any provision of the Services to you.
- c) After expiry of the seven (7) days period, you may still cancel your requested Service(s) but unfortunately, we will not be able to refund any paid Service Fees, but shall provide any service deliverables already complete as of the date of such cancellation.
7. Termination; Termination Consequences
7.1 Termination by You
- a) You may terminate the requested Service(s) by contacting us with your termination request.
- b) Subject to Section 6 above, no refund of any Service Fees already paid will be provided on termination. Such termination of your Service shall be effective from the date we receive your termination request.
7.2 Termination by Out Entertainment
We may terminate the requested Service(s), the Service Quote, and this Agreement without notice and without any liability to make any refund or other payment to you in the following circumstances:
- i) You have breached these the terms of this Agreement or the terms of the Service Quote in any way;
- ii) Our provision of the requested Service(s) to you may, in our reasonable opinion, adversely affect our goodwill or reputation; or
- iii) You or us cease to carry on business, are declared bankrupt or enter into an insolvency or administration procedure.
7.3 Consequences of termination
Termination of this Agreement shall not affect any rights or liabilities that have accrued to us prior to such termination.
8. General Rules
You may not:
- i) Distribute or post spam, in particular by sending unsolicited marketing messages to other users, or distribute or post chain letters, unsolicited loans or pyramid schemes;
- ii) Distribute viruses or any other technologies that may harm Out Entertainment or the interests of users of the Website or users or otherwise interfere with or disrupt our servers;
- iii) Post or transmit any advertisements for or solicitations of business;
- iv) After receiving a warning, continue to disrupt the normal flow of dialogue, or post or transmit comments that are not related to the topic being discussed;
- v) Except as permitted under this Agreement, copy, modify, or distribute our content or trade marks from Out Entertainment or users’ copyright material and trademarks or any content or trademarks owned by a third party unless you have their explicit permission;
- vi) Harvest or otherwise collect or use information about users without their explicit consent;
- vii) Impersonate another Member or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Allow any other person or entity to use your account for any reasons;
- ix) Continue to use Out Entertainment if your access to Out Entertainment has been suspended or your account terminated; or
- x) Engage in any other conduct that restricts or inhibits any other persons from using or enjoying Out Entertainment, or which, in our judgment, exposes us to any liability or detriment of any type.
9. Additional Provisions
9.1 Out Entertainment Content
- a) All of the content on the Website is owned by (and all copyright, trade mark and other intellectual property rights in that content shall at all times remain vest in) us or our licensors and is protected by copyright law and other intellectual property rights.
- b) Out Entertainment content includes any information or other material found on or via the Website, including without limitation text, databases, graphics, videos, Service and all other features found on the Website.
9.2 Third Party Links
- a) You acknowledge that Out Entertainment may include links to third-party websites. We do not review these third-party websites nor have any control over them, and we are not responsible for the Websites or their content or availability.
- b) We do not therefore endorse, or make any representations about them, or any content found there, or any results that may be obtained from using them. If you decide to access any of these third-party Websites, you do so entirely at your own risk.
9.3 Promises, liability and disclaimer
- a) We promise that we will operate Out Entertainment and provided the Services with reasonable skill and care.
- b) Otherwise, the content and Services available on the Website are provided on an ‘as is’ and ‘as available’ basis. To the fullest extent permissible under applicable, we disclaim any and all promises, warranties, conditions, or representations relating to Out Entertainment and its content, whether express, implied, oral or written. In particular:
- i) We do not make any promises as to the truth, accuracy, integrity, quality or completeness of the content or information that appears on the Website, and you should not rely on it being accurate, truthful or complete.
- ii) We cannot guarantee and shall not be liable to you in relation to the performance or reliability of the Website and/or the Services.
- c) By using Out Entertainment you acknowledge and accept the inherent risks, characteristics and limitations of the internet, particularly in terms of technical performance of the Website, response times to view, verify or transfer information; and the risks inherent in all third-party links, connections and transfers via the internet. Accordingly:
- i) We do not make any promises about the availability or accessibility of the Website or promise that your access to the Website or the Services will be uninterrupted, timely or error-free;
- ii) We are not responsible for any data or information uploaded by any users including any content posted, uploaded or published on Out Entertainment. It is your responsibility to make backup copies of any of the content you post, upload or publish on Out Entertainment and we strongly recommend that you do so;
- iii) We make no promises in respect of any harm that may be caused by the transmission of a computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair a computer’s functionality or operation including transmission arising from your download of any content, Service you use to download the content, Out Entertainment or the server(s) that make it available.
9.4 No Liability
We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the contract for:
- i) Any losses related to any business of yours including but not limited to lost data, profits, revenue, savings, business, opportunity, goodwill, reputation, business interruption or any pure economic loss (in each case, whether such loss is direct or indirect); or
- ii) Any form of indirect, consequential or special loss, and/or
- iii) Any direct loss (for which liability is not expressly excluded in these terms) in excess of the total Service fees to which your claim relates to.
- a) You agree only to use the Website and the Services in accordance with this Agreement.
- b) You agree that you will compensate us (and our employees, officers, agents and suppliers) in full for any damages, losses, costs and expenses, including reasonable legal fees we incur that arise out of any breach by you of this Agreement or any liability we incur as a result of the use of the Website or the Services by you and any other person that uses your account with your permission or as a result of your negligence.
10. General complaints and requests for further information
- a) We want to give you great customer service but sometimes things do go wrong. We can usually resolve most issues quickly, so please email us to tell us how we can help.
- b) If you have any general complaints or wish to request further information about the Website or the Services, please contact us and we will do our best to resolve these.
11. Force Majeure
Out Entertainment shall not be liable to you for any breach of its obligations or termination under this Agreement arising from causes beyond its reasonable control, including, but not limited to, fires, floods, earthquakes, volcanoes and other Acts of God, terrorism, strikes or government regulations.
12. Governing Law and Dispute Resolution
- a) You agree that the laws and regulations of the State of New South Wales, Australia govern this Agreement, its subject matter, and any claim or dispute that you may have against us.
- b) You further agree that any disputes or claims that you may have against us will be resolved amicably and in good faith between you and Out Entertainment, prior to resorting to binding arbitration in accordance with the State of New South Wales’ arbitration rules and procedures.
- c) By entering into this Agreement, you agree that you are: (i) waiving claims that you might otherwise have against us based on the laws of other jurisdictions, including your own; (ii) irrevocably consenting to the exclusive jurisdiction of, and venue in, of the courts in New South Wales, Australia over any disputes or claims you have with us; and (iii) submitting yourself to the personal jurisdiction of such courts for the purpose of resolving any such disputes or claims.
- a) We may modify or change any part of this Agreement at any time, without prior notice. When we do, we will revise the updated date at the top of this page.
- b) You can review the most current version of this Agreement by clicking on the “Terms and Conditions” hyperlink contained on the Website. You are responsible for checking his Agreement periodically for any changes.
- c) If you continue to access the Website and use the Services after we make any changes to this Agreement, you are signifying your acceptance of the new terms.
If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision of this Agreement, and such invalid provision shall be deemed to be severed from this Agreement.
15. Entire Agreement
This Agreement, together with other applicable policies available on the Website, constitutes the entire and exclusive understanding and agreement between you and us regarding its subject matter and supersedes any and all previous understandings and agreements, whether written or oral, regarding such subject matter.
16. Contacting Us
If you have any questions about the terms and conditions contained in this Agreement, please feel free to Contact Us.