ENTERTAIN OZ

Terms and Conditions

• Part A — Terms applicable to Customers (Clients) making bookings through the Site.
• Part B — Terms applicable to Artist / Service Provider listed on the Site.
• Part C — General terms applicable to all users of the Site.

• Agreement means these Terms and Conditions as amended from time to time.
• Booking means a confirmed engagement of a Artist / Service Provider by a Customer for an Event, facilitated through the Site.
• Customer means any individual or organisation using the Site to book a Artist / Service Provider for an Event.
• Entertain Oz means Entertain Oz Pty Ltd (ABN 88 086 522 741), the owner and operator of the Site, operating as a booking service for Artist / Service Provider and Customers.
• Event means the performance, appearance, or engagement for which a Booking is made.
• Artist / Service Provider means any artist, band, act, celebrity, speaker, or entertainment service registered on the Site.
• Performance Fee means the total fee payable by the Customer in respect of a Booking for the Member/Performer's performance at an Event.
• Site means the Entertain Oz website at www.entertainoz.com.au.
• User means any person accessing or using the Site, including Customers and Artist / Service Provider.

• Upon accepting a quote, the Customer must immediately pay a non-refundable deposit of at least 50% of the total Performance Fee.
• The total Performance Fee, including any agreed expenses, must be paid in full within seven (7) business days of accepting the quote. Failure to pay within this timeframe will result in cancellation of the Booking and forfeiture of the deposit.
• Payments made via credit or debit card through the Site will incur an additional 2.5% processing fee.
• By using the card merchant facility, the Customer authorises Entertain Oz to charge the nominated card. If payment is declined, Entertain Oz will attempt to contact the Customer to arrange alternative payment. Entertain Oz is not liable for non-provision of services where contact cannot be established.
• Once payment is received, the Customer must not seek to reverse or cancel the payment through their card issuer without Entertain Oz's prior written consent.
• Entertain Oz reserves the right to accept or decline bookings from outside Australia at its absolute discretion.

• Cancellations must be submitted to Entertain Oz in writing. Verbal cancellations will not be accepted.
• Where the Customer cancels 42 days or more before the Event date, the non-refundable deposit will be forfeited. No further amount is payable.
• Where the Customer cancels within 42 days of the Event date, the full Performance Fee is immediately due and payable.
• If an outdoor Event is cancelled due to adverse weather, the Performance Fee remains payable in full unless the Artist / Service Provider and Customer have expressly agreed otherwise in writing.

• If a Artist / Service Provider cancels within 42 days of the Event date by providing written notice, Entertain Oz will refund the Customer all amounts paid up to the date of cancellation.
• If a Artist / Service Provider cancels due to illness, the Customer may request a medical certificate confirming the Member/Performer's inability to perform. In such case, Entertain Oz will refund all amounts paid up to the date of cancellation.
• Where a refund is due from a Artist / Service Provider or third party, Entertain Oz's ability to refund the Customer is limited to amounts actually received. Entertain Oz will use reasonable efforts to recover amounts on the Customer's behalf but is not obliged to do so.

• Providing the Artist / Service Provider with a safe, suitable, and clearly defined performance area.
• Providing a safe and adequate power supply for the Member/Performer's requirements at the Event.
• Providing secure storage for the Member/Performer's equipment and/or instruments.
• Providing meals and refreshments for the Artist / Service Provider while at the Event, and free parking.
• Taking all reasonable steps to restrict access to the Artist / Service Provider before the performance, if so required by the Member/Performer.
• Obtaining all necessary permits, consents, and approvals required to conduct the Event, including APRA and PPCA compliance.
• Complying with all police or other authority supervision requirements for the Event.
• Holding adequate public liability insurance for the Event.
• Making payment of any remaining balance owed to the Artist / Service Provider directly in accordance with the Payment Terms set out in the Member/Performer's quote. The Site does not process remaining balance payments and Entertain Oz accepts no liability in respect of payments made outside the Site.

• The Customer acknowledges that Entertain Oz does not guarantee the performance, skill, identity, or suitability of any Artist / Service Provider and does not endorse any Artist / Service Provider in any way.
• The Customer is responsible for conducting their own due diligence regarding the suitability of a Artist / Service Provider for the Event.
• Entertain Oz is not liable for any failure, delay, act, or omission on the part of a Artist / Service Provider or any other third party in connection with the Event.

• Contact information — including telephone numbers, email addresses, social media handles, external links, and bank account details — must not be posted on Artist / Service Provider profiles, in photos or videos, or in communications with Customers through the Site. Entertain Oz reserves the right to remove such information without notice.
• You must not contact Customers or other Artist / Service Provider outside of the Site unless Entertain Oz has confirmed a Booking and provided the other party's contact details to you for that express purpose.
• You must not encourage or solicit Customers or other Artist / Service Provider to contact you outside of the Site, except as permitted above.
• You must respond fully, truthfully, and within three (3) business days to any request for information or inquiry from Entertain Oz related to your compliance with these Terms and Conditions.
• You must maintain accurate and current contact information in your account at all times.

• Any payment processing fees and charges incurred by Entertain Oz; and
• The Entertain Oz booking fee, which will be charged to the Artist / Service Providervia reverse invoice.

• A Artist / Service Provider may cancel a Booking within 42 days of the Event date for any reason by providing written notice to Entertain Oz. In such case, the Artist / Service Provider must refund to Entertain Oz any Performance Fee amounts already received, which Entertain Oz will then refund to the Customer.
• A Artist / Service Provider may cancel at any time due to illness. If requested, the Artist / Service Provider must provide a medical certificate confirming their inability to perform. The Artist / Service Provider is not entitled to any Performance Fee in this circumstance and must refund any amounts received.
• Where the Artist / Service Provider is unable to attend an Event, they agree to use reasonable efforts to assist Entertain Oz in securing an acceptable substitute Member/Performer.
• Where a Artist / Service Provider fails to perform due to a breach of this Agreement, the Artist / Service Provider is liable for any costs incurred by the Customer or Entertain Oz in connection with that breach, including marketing and promotional costs, as well as any legal fees reasonably incurred in recovering payments.

• The Artist / Service Provider holds a valid Australian Business Number (ABN) and agrees to provide it to Entertain Oz.
• The Artist / Service Provider holds all necessary insurances for their performance, including WorkCover and Public Liability Insurance.
• The Artist / Service Provider is solely responsible for all applicable tax obligations and liabilities.
• The Artist / Service Provider is solely responsible for their own superannuation obligations. As a booking service, Entertain Oz does not collect, remit, or hold superannuation contributions on behalf of any Member/Performer, and accepts no liability in respect of any superannuation obligation arising from any Booking or Event. The Artist / Service Provider indemnifies Entertain Oz against any claim, penalty, or liability arising from a failure to meet superannuation obligations.
• The Artist / Service Provider will notify Entertain Oz of any changes to their line-up, format, or services, whether temporary or permanent, prior to an Event.
• The Artist / Service Provider agrees to provide Entertain Oz with suitable promotional material for use on the Site and grants Entertain Oz a worldwide, royalty-free, non-exclusive, irrevocable licence to publish and sub-licence such material in any form or medium. The Artist / Service Provider warrants they are authorised to grant this licence.

• Any copyright, trade mark, confidentiality, or other intellectual property right;
• The Competition and Consumer Act 2010 (Cth) or equivalent State legislation;
• Any law of defamation, obscenity, or contempt of any court, tribunal, or royal commission; or
• Any other applicable law or industry code.

• Not act in any manner damaging to the Customer's reputation or the reputation of the Member/Performer;
• Not consume excessive amounts of alcohol before, during, or after an Event;
• Not carry, use, or be under the influence of illegal drugs while on-site at any Event or during any performance;
• Be appropriately dressed on-site and during the performance, as agreed with the Customer;
• Act professionally and comply with reasonable directions from the Customer or venue owner; and
• Be courteous and respectful to the Customer, guests, and employees throughout the Event.
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• Modify this Agreement. Continued use of the Site following any modification constitutes acceptance of the amended terms.
• Change the Site, including discontinuing, adding, or modifying any features, content, or categories.
• Change any fees or charges for use of the Site.
• Edit, add to, disable, or delete any information or imagery on the Site at its sole discretion and without notice.
• Revoke any Customer or Artist / Service Provider account without refund for conduct deemed inappropriate or unprofessional by Entertain Oz during any aspect of engagement, including booking negotiation, performance, or payment.
• Pursue legal action against any User who fails to comply with this Agreement.
• Remove any Artist / Service Provider or Customer account at any time for any reason.

• Take sole responsibility for all content or information they post or transmit on the Site.
• Not post or transmit any defamatory, abusive, obscene, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes another party's rights.
• Use the Site in a manner consistent with all applicable laws and regulations.
• Not upload offensive or sexually suggestive references, or any photographs or images containing nudity.
• Not post false or misleading information.
• Not stalk, harass, or intimidate any other person.
• Not transmit chain letters, spam, or unsolicited bulk email to other users or to Entertain Oz.
• Not represent or imply that any statements are endorsed by Entertain Oz without prior written consent.
• Not harvest or collect personal information about other users, for commercial or other purposes, without Entertain Oz's written consent.
• Not use any automated tools, robots, spiders, or data-mining processes to retrieve, index, or extract content from the Site.
• Not interfere with or disrupt the Site, servers, or networks connected to the Site.
• Not transmit any material containing software viruses or code designed to disrupt, damage, or limit the functionality of any system.
• Not forge headers or otherwise manipulate identifiers to disguise the origin of information transmitted through the Site.
• Not frame or mirror any part of the Site without Entertain Oz's prior written authorisation.
• Not modify, adapt, sub-licence, translate, reverse engineer, decompile, or disassemble any portion of the Site or software used on or for the Site.

• Cancel a Booking or booking order without providing a refund;
• Prohibit the User from using the Site;
• Restrict the User from making or participating in future bookings; and
• Where required by law, disclose information about the User and their use of the Site to authorities investigating unlawful or harmful activities.

• Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.
• Assignment: Users may not assign their rights under this Agreement to any third party. Entertain Oz may assign or transfer its rights and obligations to a third party, provided that third party agrees to a privacy policy at least as protective as Entertain Oz's Privacy Policy.
• Entire Agreement: This Agreement, together with Entertain Oz's Privacy Policy and any applicable booking terms, constitutes the entire agreement between Entertain Oz and the User with respect to the subject matter hereof.
• Amendment: Entertain Oz may amend this Agreement at any time. Continued use of the Site following any amendment constitutes acceptance of the revised terms.

• A User may terminate their use of the Site and these Terms and Conditions at any time by providing Entertain Oz with seven (7) days' written notice via the 'Contact Us' link on the Site.
• Entertain Oz may terminate a User's access to the Site at any time if: the User has breached any provision of these Terms and Conditions or intends to breach any provision; Entertain Oz is required to do so by law; the provision of the service to the User is no longer commercially viable; or the User's conduct impacts Entertain Oz's name or reputation or violates the rights of another party.
• Upon termination, all rights granted to the User under these Terms and Conditions cease immediately. Any obligations that by their nature should survive termination — including indemnity, intellectual property, and limitation of liability — will continue to apply.

• Notice: The party claiming a dispute must give written notice to the other party detailing the nature of the dispute, the desired outcome, and the action required to settle it.
• Negotiation: Within 7 days of that notice, the parties must endeavour in good faith to resolve the dispute by negotiation or other mutually agreed means.
• Mediation: If the dispute has not been resolved within 14 days of the notice, the parties must agree on a mediator or request that one be appointed by the President of the Law Institute of Victoria. The costs of mediation are to be shared equally. Each party bears their own legal costs.
• Termination of Mediation: If 28 days have elapsed after the start of mediation and the dispute has not been resolved, either party may ask the mediator to terminate the mediation.