Welcome to gigglr.co. These Terms and Conditions of Use and Service (“Terms”) govern your use of the Gigglr Services and form a binding contractual agreement between you, the user of gigglr.co (“you”, “your”), and us, Prosessional Pty Ltd ACN 611 849 784 (“Gigglr”, “we”, “our”, “us”), the owner and controller of the Gigglr Services.
Please read these Terms and the Gigglr Policies carefully before using or accessing any of the Gigglr Services. By creating an Account, accessing, using, or participating in the Gigglr Services, in any manner whatsoever, you agree to be bound by these Terms, as well as any and all other applicable operating rules, policies and/or procedures that may be published by Gigglr from time to time anywhere on the Website, each of which is incorporated by reference and each of which may be updated by us from time to time without notice to you. If you do not agree to any part of these Terms, do not access or use the Gigglr Services. You agree that your use of the Gigglr Services after any such change will be subject to, and you will comply with, the revised Terms subsequent to that change. Please be sure to check the Terms regularly for updates. You acknowledge that you have obtained legal advice in relation to these Terms or have knowingly declined to do so.
• Your acceptance of these Terms
• By using the Gigglr Services you:
• signify your agreement to and acceptance of these Terms;
• signify your agreement to and acceptance of any other policies published on the Website (“Gigglr Policies”);
• warrant that you are over the age of 18 and have the right and authority to enter into this Agreement;
• warrant that the performance of your obligations in connection to Gigglr does not infringe the rights of any third party; and
• acknowledge that you may be exposed to content that you may find offensive, indecent or objectionable and that, in this respect, you use the Gigglr Services at your own risk.
• If you are not 18 years or older you must not use the Gigglr Services without your parent or guardian’s express consent.
• Gigglr does not endorse or support the information, materials, imagery, or other content within the Content, including any opinion, recommendation, formula, recipe, system, or advice expressed in any Content, and expressly disclaims any and all liability whatsoever in connection with such Content.
Account means an account with Gigglr which enables you to access particular aspects of the Gigglr Services, and contains certain personal information and registration data provided via the registration page on the Website.
Additional Terms means certain terms and conditions that are specific to a particular Booking. Such terms may be specified by the Performer, Booker and/or Gigglr and in the event such Additional Terms conflict with these Terms, these Terms shall prevail.
Applicable Taxes means any value-added tax, sales tax, goods and services tax or other tax or duty imposed on any transaction entered into through any Gigglr Services that by local law must be added to any amounts charged for the participation, use or purchase related to any Gigglr Services that must be collected or paid by Gigglr or by the Performer or Booker.
Booker means a person, business, brand, entity, partnership, or organisation (or any duly authorised person to act and enter into agreements on behalf of the foregoing) that confirms a Booking.
Booking means the agreement between the Performer and Booker made via the Gigglr Services in relation to the provision of the Performer’s services, subject to Gigglr’s receipt of the Payment.
Content means any information, images, comments, or other material or content submitted by you in connection to the Gigglr Services.
Notification Period means 24 hours after the relevant Booking is due to be completed by the relevant Performer.
Payment means the consideration that is paid by a Booker in relation to a Booking.
Performer means a performer or group that has made and submitted a Posting to the Website in relation to the availability to deliver a performance.
Posting means the Content submitted by a Performer on the Website which advertises the availability of the Performer to provide performances.
Gigglr Fee means the amount to be received by Gigglr from you for participation in the Gigglr Services, as specified by Gigglr from time to time.
Gigglr Services includes the Website functionality and any other services provided by Gigglr.
Gigglr means Prosessional Pty Ltd ACN 611 849 784, the party who is the owner of the gigglr.co domain, and the Website and Gigglr Services, and shall include any other party in the future who takes legal transfer of same.
Registered User means a User that registers an Account via the Website in order to access certain features of the Gigglr Services.
User, you, or your means the party entering into this Agreement by accessing or using the Website and/or Gigglr Services and includes Performers, Bookers, Registered Users, and users of the general public.
Website means the Gigglr website located at http://gigglr.co.
• The following rules of interpretation apply to these Terms, the Website and the Gigglr Services:
• the singular includes the plural and vice versa;
• a reference to USD$ is to the currency of the United States (which is the default currency for Payments unless otherwise stated), GBP£ to the currency of Great Britain, EUR€ to the currency of the Eurozone, and AUD$ to the currency of Australia;
• headings to clauses are included for the sake of convenience only and shall not affect the interpretation of these Terms;
• the word person means and includes a natural person, a company, a firm or any other legal entity including where that person is acting as a trustee;
• the words including and includes mean including but not limited to;
• when a User comprises two or more persons the rights and obligations of such persons pursuant to these Terms shall inure for the benefit of and bind all of them jointly and severally.
• Privacy and your personal information
• Registration and Account Security
• You may become a Registered User by registering an Account on the Website. Your registration may be cancelled if Gigglr determines that, at its sole discretion, multiple accounts are held by the same individual or entity or you are in breach of these Terms.
• You may not register an Account if you were previously a Registered User and Gigglr cancelled your Account as a result of you being in breach of these Terms (as they applied at the relevant time).
• In order to register an Account and to access and use certain Gigglr Services features, you may be required to provide information about yourself (including identification, contact and payment details), as part of the registration process for the Gigglr Services, or as part of your continued use of the Gigglr Services. By registering as a Registered User and using the Gigglr Services, you represent and warrant that all registration information you submit (including any representation or warranty you provide in the course of registering) is truthful and accurate and you will maintain the accuracy of such information at all times whilst you continue to be a Registered User.
• When you register to become a Registered User, you will be asked to choose a password for your Account.
• You are entirely responsible for maintaining the confidentiality and strength of passwords associated with any Account you use to access the Gigglr Services. You agree not to use the Account, username, email address or password of another user at any time or to disclose your password to any third party. You will be solely responsible for the use of your password and any and all activities that occur on your Account, whether or not those activities are authorised by you.
• If you become aware of any unauthorised use of your password or Account, you must notify Gigglr immediately by email to firstname.lastname@example.org.
• Use of the Gigglr Services
• Gigglr grants you a non-exclusive, worldwide, non-transferable licence to use the Gigglr Services in accordance with these Terms.
• Gigglr may alter or amend any aspect or part of the Gigglr Services at any time in its sole discretion without prior notice or liability to you. Notwithstanding the foregoing, you acknowledge that Gigglr is not liable for any loss or damage whatsoever, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the Gigglr Services.
• The Gigglr Services will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes). Gigglr reserves the right to cease the operation of the Gigglr Services, or any part thereof, without prior notice or liability to you.
• In using Gigglr Services you agree that, unless you are specifically allowed to do so under these Terms or the terms of a separate agreement with Gigglr, you shall not, nor authorise any person to:
• use, or allow to be used, the Gigglr Services or Content for any unlawful purpose or in any unlawful manner;
• impersonate any other person;
• make any commercial use of any Content or the Gigglr Services or any part of the foregoing;
• access (or attempt to access) Gigglr Services by any means other than through the interface that is provided by Gigglr;
• access (or attempt to access) Gigglr Services through any automated means (including use of scripts or web crawlers);
• "frame" or "mirror" the Website or any part thereof on any other server or Internet-enabled device;
• reproduce, duplicate, or copy any part of the Gigglr Services or any Content for any purpose, without the prior written consent of Gigglr or the owner of such Content;
• copy, modify, adapt, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Gigglr Services or Content or any part of the foregoing;
• attempt to corrupt data or undermine the security or integrity of Gigglr Services, or where the Gigglr Services are hosted by a third party, that third party's computing systems and networks;
• transmit or distribute a virus, trojan, worm, logic bomb or post any other material to, from or via the Gigglr Services;
• disparage or make any action or statement that harms the reputation or business of Gigglr or any User;
• falsely represent yourself at any time as an agent, employee, lessee, sub-lessee, partner or joint-venture partner of Gigglr or any Booker or Performer;
• gain or attempt to gain unauthorised access to any aspect of the Gigglr Services, the server on which Gigglr Services is stored or any server, computer or database connected to the Gigglr Services; and
• infringe upon the rights of any other person's personal property, intellectual property, personality, or proprietary rights.
• Ownership of Gigglr’s Intellectual Property
• You acknowledge and agree that Gigglr (or Gigglr’s licensors) own all legal right, title and interest in and to the Gigglr Services, including any intellectual property rights which subsist in the Gigglr Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist) and nothing in these Terms gives you a right in or to such intellectual property.
• In using the Gigglr Services you agree that you shall not (and will not permit anyone else) to adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any intellectual property on the Gigglr Services. You agree that you will not use any intellectual property in a way that is likely or intended to cause confusion about the owner or authorised user of the intellectual property.
• For the purpose of these Terms, intellectual property includes, but is not limited to, designs, patterns, artistic works, photography, literary works, musical works, sound recordings, cinematograph films, software, trademarks, service marks, trade names and logos and expressly excludes Content submitted by Performers and Bookers.
• Linking to/from Website and Third Party Sites
• You may link to the Gigglr Services, provided you do so in a way that is fair and legal and does not damage Gigglr’s reputation or takes advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement where none exists.
• You must not post, publish, upload, transmit, perform in public, communicate to the public, or otherwise share any Posting to any other party, or any Content incorporated into a Posting, except by way of direct URL link for the Posting on the Website or embedding or sharing the Posting using the Gigglr embed code or sharing tools available from the Website.
• Grant of Rights in Content
• Upon Performer’s submission of Content to the Website or otherwise to Gigglr or Booker, the Performer and the Booker (as applicable) hereby grant to Gigglr a perpetual, world-wide, non-exclusive, irrevocable, assignable, sub-licensable, and royalty-free licence:
• to use, reproduce, and communicate to the public, transmit, compress, host, post, share, stream, upload, and otherwise exploit the Content in all media now known or hereafter devised;
• market, promote or advertise the Content; and
• to delay, cease, refrain, or omit to do any of the above.
• Submitting, publishing and removing Content
• You must not add/remove any Content to/from the Gigglr Services:
• unless you hold all necessary rights, licences and consents to do so;
• that would cause you or Gigglr to breach any law, regulation, rule, code or other legal obligation;
• that would be in breach of these Terms or any Additional Terms;
• infringes the intellectual property or other rights of any third party;
• brings or could bring Gigglr or any Booker into disrepute;
• is or could reasonably be considered to be deceptive, misleading, false, fraudulent, obscene, defamatory, disparaging, indecent, seditious, offensive, scandalous, sexually explicit, threatening, abusive, harassing, hateful, degrading, intimidating, graphically violent, liable to incite racial hatred, discriminatory, blasphemous or otherwise inappropriate;
• unlawfully impersonates any person (including by way of celebrity look-a-likes or sound-a-likes), or states or misrepresents any affiliation with any person where such affiliation does not exist;
• depicts, encourages, promotes or induces conduct that could violate any law or give rise to criminal or civil liability;
• contains any personally identifying or other personal information about you or any other person;
• is in breach of confidence or in breach of privacy, or contains any confidential information, material, or non-public information about any individual, person, or company; or
• contains any information or instruction that might be injurious to any person’s physical well being.
• You shall have sole and complete responsibility for any Content that it submits for publication on the Website including any and all liability that may result from such Content.
• Gigglr may remove any Content, in whole or in part, if Gigglr suspects that such Content infringes or may infringe any person’s intellectual property rights or any other rights, including personal rights. In addition Gigglr reserves the right to remove any Content upon receiving notice that such Content is or may be infringing the notifying person’s intellectual property and/or personal rights.
• Gigglr reserves editorial control over the Gigglr Services and may (but is not obligated to) monitor, moderate, alter or amend any part of the Gigglr Services at any time in its sole discretion without prior notice or liability to you. Notwithstanding Gigglr’s editorial control, Gigglr contains content originally published by parties other than Gigglr. You acknowledge that Gigglr is not liable for any loss or damage, howsoever caused, resulting from any action taken or reliance made by you on any information or material on the Gigglr Services which was, in whole or part, originally created or published by a third party.
• Nothing in these Terms obliges Gigglr to:
• publish or communicate Content;
• publish or communicate Content for any particular amount of time;
• remove Content at any time; or
• use Content in any commercial or official capacity.
• Gigglr may or may not publish Content at its absolute discretion. Reasons for Gigglr not publishing your Content include:
• the Content being of insufficient technical, creative or production quality; and/or
• because you have breached or not met your obligations under these Terms, the Additional Terms, or any other terms, policies or guidelines as published on the Website, or otherwise made available, from time to time.
• You acknowledge, warrant and represent that:
• you are the creator and exclusive copyright owner of the Content and entitled to submit the Content on your own behalf and on behalf of each other owner of the Content;
• you are solely responsible for the Content that you submit and the consequences of posting or publishing such Content on the Website including any copyright infringement;
• you are entitled to grant Gigglr each of the rights relating to the Content submitted by you, and Gigglr’s use of those rights will not violate the rights of any person (including copyrights, trademark and trade dress rights, database rights, trade secrets, moral rights, intellectual property rights, publicity rights, industrial rights, and any other proprietary rights arising under the laws of any jurisdiction), and if requested you shall provide to Gigglr a written confirmation of such rights;
• you are entitled to be the sole recipient of any Payment due in connection to a Booking or of any other payment flowing from the Gigglr Services, and neither Gigglr nor the Booker shall have additional liability to Performer or any person relating to the Payment, if any, after remittance of same to Performer;
• your Content and/or Posting may be subject to criticism and/or review by the public and as such may receive positive or negative comments and reactions. Gigglr is not responsible for any such review or comment or any consequences relating thereto;
• all of your Content is factually accurate to the extent that it purports to represent facts.
• You acknowledge that Gigglr is not responsible for lost, damaged, misdirected, unusable or unreadable Content or Postings, or technical issues with the Website.
• Terms relating to Bookings
• Gigglr may, in its absolute discretion for any reason whatsoever, edit, postpone, or cancel a Posting or Booking without any liability to you.
• Gigglr strongly recommends that the Performer and Booker communicate with each other as to additional details or Additional Terms that need to be discussed or agreed in relation to the completion of the Booking.
• You acknowledge and agree that Performers and Bookers are solely responsible for their own insurances. We are not Your insurer, underwriter, nor a party to the contract between the Performer and the Booker, and.
• For the avoidance of doubt, you acknowledge that:
• a Booking (including any Additional Terms) is an agreement between the relevant Performer and Booker;
• You acknowledge that Gigglr will not be a party to any such agreement;
• the Booker and Performer is solely liable for the performance of and any other obligations arising from confirmed Bookings;
• We bear no responsibility for any loss, cost or damage of whatever kind in relation to Your failure to hold and maintain adequate insurances; and
• all confirmed Bookings and any associated performance thereof is at your own risk.
• The Performer hereby acknowledges, warrants and represents that:
• by agreeing to a Booking you will complete and deliver and perform the Booking in accordance with these Terms and the Additional Terms;
• Performer will not provide your services whilst under the influence of drugs or alcohol;
• Performer will not engage in behaviour which may risk your or other persons’ health or safety;
• Performer holds and will continue to maintain a current public liability insurance policy of no less than $10,000,000;
• In addition to 11.5(d), Performer holds and will continue to maintain any applicable insurance including travel insurance, equipment insurance and any other insurance that any person or group similar to the Performer is required to have by law;
• It is the Performer’s responsibility to ensure that the Booker holds sufficient insurances (including in relation to the Booking location) in order for you to perform the Booking; and
• You will not do or knowingly allow to be done any matter or thing whereby any insurance taken out by you may be invalidated or become void or voidable.
• The Booker hereby acknowledges, warrants and represents that:
• upon confirmation of a Booking, you are liable to make the Payment;
• Booker has the ability and funds to pay the Payment, Gigglr Fee and Applicable Taxes to Gigglr when confirming a Booking;
• Booker must ensure that the Booker and the location that the Booking is to be performed complies with all relevant laws and, if necessary, the Booker shall obtain consents and permits from any authorities, including in relation to the provision or selling of liquor and obtaining appropriate licences for the public performance of musical works and sound recordings (e.g APRA|AMCOS and PPCA);
• reference checks, and any due diligence pertaining to the Performer have been undertaken by the Booker prior to Booking;
• Booker and Booker’s guests will not engage in behaviour which may risk your or other persons’ health or safety;
• all Postings and other communication and responses, including emails in relation to a Booking are confidential;
• Booker warrants that it holds and shall maintain appropriate insurance for the location where the Booking is to be performed appropriate to host the Performer and the event. Such insurance may include public liability insurance;
• You agree that it is the Booker’s responsibility to ensure that the Performer holds sufficient insurances to perform the Booking; and
• You warrant that you must not do or knowingly allow to be done any matter or thing whereby any insurance taken out by You may be invalidated or become void or voidable.
• Terms relating to Payments
• Subject to clause 13, the Payment, will be paid through to the Performer wallet upo 24 hours after completion of the Booking.
• Gigglr may use a third-party banking merchant to process payments made through the Website and, in these circumstances, Your use of these payment facilities are subject to the terms and conditions of the third-party banking merchant.
• The Booker and the Performer acknowledge, confirm and agree that:
• The Booker shall pay the Payment, Gigglr Fee and Applicable Taxes to Gigglr via the payment terms and method designated by Gigglr;
• The Performer shall receive the Payment less the Gigglr Fee and Applicable Taxes upon Gigglr receiving notification that Booking has been performed or 24 hours after the time in which the Booking was due to be performed, whichever occurs earlier.
• Gigglr shall be entitled to deduct and retain the Gigglr Fee and Applicable Taxes from any amount received by Gigglr for the Gigglr Services;
• Gigglr is not responsible for and disclaims any responsibility for the Performer’s delivery or non-delivery of the Booking; and
• The Gigglr Fee shall not be refundable or returnable for any reason whatsoever.
• You acknowledge, confirm and agree that Gigglr may, in its sole and absolute discretion, increase, decrease, modify, alter, introduce or remove any fee charged by Gigglr, either permanently or temporarily.
• Non-Performance of Bookings
• If the Booker is not satisfied that the Performer has performed the Booking then:
• the Booker must notify Gigglr via https://www.gigglr.co/support before the expiry of the Notification Period (“Claim”);
• to resolve the Claim, the Booker and Performer must follow the Claim Policy described on the Website;
• until such time as the Claim is marked resolved by the relevant Booker and Performer, or expires pursuant to the Claim Policy, the Performer’s share of the Payment will not be paid through to the Performer or refunded to Booker;
• Whilst Gigglr will endeavour to help where it can, Gigglr does not and will not mitigate or arbitrate in the case of any dispute or Claim between any Performer and Booker.
• pending the outcome of the Claim Policy:
• the Payment (less Gigglr Fee and Applicable Taxes) will be refunded to the Booker and the Performer shall not be entitled to the Payment; or
• a part of the Payment (but not Gigglr Fee and Applicable Taxes) will be refunded to the Booker and the balance to the Performer via a payment method designated by Gigglr at its sole discretion; or
• the Performer will receive the Payment (less Gigglr Fee and Applicable Taxes).
• For the avoidance of doubt, notwithstanding the outcome of a Claim, Gigglr shall be entitled to deduct and retain the Gigglr Fee and Applicable Taxes from any amount received by Gigglr for the Gigglr Services in relation to such Booking.
• Disclaimer Of Warranty And Limitation Of Liability
• Warranty disclaimer. The Gigglr services are provided "as is", without any warranty of any kind. Gigglr expressly disclaims all implied warranties to the maximum extent allowed by law, whether express, implied, or statutory regarding or relating to Gigglr Services, documentation, or any materials furnished or provided to you under these terms. To the maximum extent allowed by law, Gigglr specifically disclaims all implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the foregoing.
• Limitation of liability; sole and exclusive remedy. To the maximum extent permitted by law, Gigglr, affiliates, parent companies, subsidiaries, officers, directors, employees, agents, network service providers, business partners, licensees and licensors (collectively, the "Related Parties") disclaim all liability, whether based in contract, tort (including negligence), strict liability or otherwise, and further disclaims all losses, including without limitation direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the site, the software and/or service, even if Gigglr and/or Related Parties have been advised of the possibility of such damages. Without limiting the foregoing, in no case shall the liability of Gigglr or any of the Related Parties exceed the greater of $50 or the total Gigglr Fees paid by you to Gigglr in the six (6) months prior to the time the cause of action giving rise to liability arose.
• Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Gigglr and its affiliates shall be limited to the fullest extent permitted by law.
• You agree to indemnify, hold harmless and defend Gigglr and the Related Parties at your expense, against any and all claims, actions, proceedings and suits and all related liabilities, damages, settlements, penalties, fines, costs and expenses (including, without limitation, reasonable solicitors' fees and other dispute resolution expenses) incurred by Gigglr arising out of or relating to:
• your violation or breach of any term of these Terms or any policy or guidelines referenced herein;
• your violation or breach of any Additional Terms;
• a Booking;
• any personal injury or property damage which arises out of or in connection to a Posting or any Booking;
• your use or misuse of or participation in the Gigglr Services;
• Posting of any and all Content;
• any Content submitted by you which is incorrect or in any way misleading; and
• any aspect of the Gigglr Services that does not function as intended for any reason beyond the reasonable control of Gigglr and particularly in connection with: service interruptions caused by an internet service provider; an internet connection; any fault or deficiency in computer hardware or software; any fault or deficiency in audio/visual hardware; any fault or deficiency in website code.
• Gigglr expressly disclaims any responsibility for the Content displayed on the Website or made available as part of any Gigglr Services, and by using the Website or any Gigglr Services, you agree that Gigglr and/or the Related Parties shall have no responsibility for any Content that infringes the copyright or other intellectual property rights of any third party or for any Content that is deemed to be offensive, discriminatory or misleading to you in any way whatsoever.
• You hereby irrevocably waive any right to seek or obtain an injunction, rescission or termination of these Terms, or any rights hereunder.
• Should Gigglr in its sole discretion, determine that you have breached these Terms, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
• Change to Services
• Gigglr reserve the right to discontinue or remove any part, Content, or functionality of the Gigglr Services at any time and without notice.
• Gigglr reserves the right to alter, modify, add to or change in any way, any provision of these Terms and may, in its absolute discretion, limit or expand the Gigglr Services without giving prior notice to you.
• Copyright Infringement - Take Down Procedures
• If you believe that any materials on the Gigglr Services infringe your copyright, you may request that such materials be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorised representative, and must: (a) identify the allegedly infringing materials; (b) indicate where on the Website the infringing materials are located; (c) provide your name and contact information; (d) state that you have a good faith belief that the materials are infringing; (e) state that the information in your claim is accurate; and (f) indicate that you are the lawful copyright owner or are authorised to act on the owner's behalf. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send to Gigglr a counter-notice in accordance with Gigglr’s requirements. Our contact for copyright issues relating to this Website (including the notices and counter-notices) is email@example.com.
• Gigglr may transfer, assign, novate or otherwise deal with any of its rights under these Terms to another party without notice to you.
• You are not permitted to assign any part of these Terms without Gigglr’s prior written consent.
• Governing Law and Jurisdiction
• These Terms and use of the Website and Gigglr Services are governed by the laws of Victoria, Australia.
• By accessing or using the Website or Gigglr Services, you submit to the exclusive jurisdiction of the Victorian Courts in Australia for any dispute that relates to the Website, Gigglr Services, or these Terms.
• You are solely responsible for compliance with any applicable laws of the country from which they access the Website or Gigglr Services.
Last updated March 16, 2017.