GiggedIn Experiences | Terms and Conditions
ABOUT GIGGEDIN

Our Terms and Conditions

Welcome to the Terms and Conditions (or "Agreement"). This Agreement describes the terms and conditions that govern your use of our services at giggedIn.com and experience.giggedin.com (our "Site" or "Platform"). Before you may become a member or user of our Site you must read, agree with and accept all of the terms and conditions contained in this Agreement and the Platform's policies, including its Privacy Policy (the "Policies"). These Policies change from time to time. If we do, we’ll let you know about any material changes, either by notifying you on the Site or by sending you an email.

Our Privacy Policies may be accessed here: Privacy Policy

Each time you use our services you confirm your agreement to be bound by and acknowledge any changes to the Agreement (including the Policies). You also undertake to familiarise yourself with and comply with the Policies relevant to your use of our Site and the services provided under this Agreement (as may be amended from time to time). As you read this Agreement, you should also access and read the information contained in the other pages and websites referred to in this Agreement.

By accepting this Agreement (including the Policies) you agree to be bound by it and also the User Agreements and posted terms and conditions on other websites operated by the Platform, by GiggedIn the technology provider and its related and affiliated companies, to the extent that you use those websites.

We may amend the terms and conditions of this Agreement from time to time.. Except as stated in this Agreement, in a Policy, or as otherwise notified to you, all amended terms will automatically be effective immediately. Your continued use of the Service following the posting of any changes to the Terms and Conditions constitutes acceptance of those changes. If you do not agree with such changes to this Agreement (or any of our Policies), you must terminate your membership or use with the Platform. If, after any such changes to this Agreement or any of our Policies you continue to be a member or user of our Site, you will be considered by us to have accepted the varied terms as part of the Agreement

In this Agreement where the context permits a reference to "you" includes anyone acting on your behalf or with your express or implied authority. A reference to this Agreement includes the Policies, unless stated otherwise.

The Platform

The Platform is a Service Provider

The Platform is an online service which acts to allow members and users who comply with the Platform's policies to offer, sell and buy certain goods or experiences within a fixed-price format. The Platform (and Policies) allows individuals, groups and organisations which may include as an example, but are not exclusive to musicians/creatives/celebrities and their teams ("Artists") to list projects or activations (“Experiences”) through selling items such as virtual experiences, merchandise, physical music goods, tickets and anything else by offering items and services ("Packages") to new and existing GiggedIn members and users ("Fans").

The Platform is not directly involved in the transaction between Artists and Fans. As a result, The Platform has no control over the quality, safety, morality or legality of any aspect of the Packages listed, the truth or accuracy of the listings, the ability of Artists to sell Packages or the ability of Fans to pay for Packages. The Platform cannot ensure that a Artist or a Fan will actually complete a transaction. The Platform cannot guarantee the true identity, age, and nationality of a member or user.

You agree that the Platform is only a service provider and as such is not responsible or liable for any content, for example, data, text, information, graphics, images, photographs, profiles, audio, video, items, and links posted by Artists, other members, users, or outside parties on the Platform. You use the Platform service at your own risk.

Experiences

All funds are collected for Artists through the Stripe online payment service and/or the Platform Credit/Debit Card Merchant facility. The Platform collects and transfers these funds to the Artist less fees at the end of a successfully executed experience..

The Platform shall not be liable for the interactions with any organisations and/or individuals found on or through the Platform service. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on the Platform.

The Platform cannot be held liable for the actions of any Artists Artists are nevertheless wholly responsible for fulfilling obligations both implied and stated in any experience listing they create. The Platform does not oversee the performance or punctuality of Experiences or Packages.

The Platform reserves the right to cancel an experience and refund all associated members' or user payments at any time for any reason. The Platform reserves the right to remove a experience from public listings for any reason.

The Platform is not responsible for any damage or loss incurred as a result of any dealings on the platform. All dealings are solely between you and such individuals and/or organisations. The Platform is under no obligation to become involved in disputes between Artists and fans, or between any members, users or any other third party. In the event of a dispute, you release GiggedIn and GiggedIn employees, partners and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.

The Platform cannot guarantee the performance or reliability of the Stripe online payment service.

The Artists and Fans must also agree and comply with the Stripe Acceptable Use Policy.

Packages

By listing an Experience Package(s) on the Site you warrant that you and all aspects of the Package comply with the Platform's published policies. You also warrant that you may legally sell the Package(s). You must accurately describe your Package and all terms of sale in your Experience Description and the Package description. Your listings may only include text descriptions, graphics, pictures, videos, photographs and other content relevant to the sale of that Package. Each Package must accurately and completely describe the item(s) or experiences on offer. ve

All Artists are urged to outline seller policies for their Experience. These policies may include, for example, shipping, returns, payment and selling policies. Artists must create reasonable policies in good faith and must abide by such policies. All seller policies must comply with the Platform's site-wide policies. Artists are responsible for enforcing their own reasonable seller policies. The Platform reserves the right to request that an Artist modify a seller policy.

All sales are binding. The seller is obligated to ship the Package(s) or otherwise complete the transaction with the Fan, unless there is an exceptional circumstance, such as: (a) the Fan fails to meet the terms of the Artists listing (such as payment method), or (b) the Artist cannot authenticate the Fan’s identity. The Fan is obligated to deliver appropriate payment for Packages purchased, unless there is an exceptional circumstance.

Prohibited, Questionable and Infringing Packages, Items and Activities

You are solely responsible for your conduct and activities on and regarding to the Platform and any and all data, text, information, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on the Site.

Your Content and your use of the Platform shall not:

  • Be false, inaccurate or misleading
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
  • Violate this Agreement, any site policies, any community guidelines, any Experience guidelines, or any applicable laws, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising)
  • Contain items that have been identified by your local government as hazardous to consumers and therefore subject to a recall
  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or impersonate or intimidate any person (including GiggedIn staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  • Be obscene or contain child pornography
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  • Host images not part of a listing
  • Modify, adapt or hack GiggedIn or modify another website so as to falsely imply that it is associated with the Site;
  • Appear to create liability for GiggedIn or cause GiggedIn to lose (in whole or in part) the services of GiggedIn's ISPs or other suppliers
  • Link directly or indirectly, refer or contain descriptions of goods, experiences or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on the Site.
  • Furthermore, you may not list any item on the Platform (or consummate any transaction that was initiated using Platform's service) that, by paying to Platform the listing fee or the final value fee, could cause GiggedIn to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Fees

Registering as a member of the Site or user and setting up a Experience on the Platform is free. The Platform charges fees to Artists.

Charitable Donations

Experiences may have a variable portion of all proceeds donated toward a charity. Donation processing is treated the same as Packages and will not be processed until after a successful Experience is executed by the Artist. The standard Platform service and transaction fees are applicable.

Delivery, Refunds and Chargebacks

Funds collected for Experiences and Pacakges through the platform are nonrefundable and the Platform is not responsible for issuing refunds to Fans. The Platform transfers the funds to the Artists after Experiences are successfully executed. Artists may initiate refunds at their own discretion. If, for any reason, the Platform is required to refund monies to Fans, the Artist will fully compensate the Platform for the amount refunded as well as any associated costs, including but not limited to transaction or administrative costs.

The Artist is wholly responsible for meeting any obligation or Package stated or implied in their Experience. The Platform is not responsible for the delivery of Packages stated in Experiences. Fans should contact the Artist if the delivery terms are not clearly stated in the Experience description.

Like all Policies, we may change our fees policy and the fees for our services. We may choose to temporarily change our fees policy and the fees for our services for promotional events or other circumstances. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in the currency of the Experience or Package. You are responsible for paying all fees associated with using our services and our Site and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you, if applicable). The Platform fees must never be mentioned on Experience or Package but you may wish to consider the Platform fees when determining the price points of Packages and Experiences.

The Artist agrees to be accountable and responsible for settling any disputes, refund requests and chargebacks from Fans. If these chargebacks are deducted from the Platform's account after the Experience and Package funds have been transferred, The Artist agrees to transfer the equivalent amount plus any related fees back to the Platform.

Electronic Communications

The communications between you and the Platform use electronic means, whether you visit the Site or send us emails. For contractual purposes, you (a) consent to receive communications from GiggedIn in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GiggedIn provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Support

The Platform does provide limited support for the Software or Service. However, the Platform may provide access to a protected forum for the users and members to send any questions and/or comments regarding the Software or Service. The Platform does not, however, make any representations or warranties as to the accuracy of any statements or advice provided in response to support postings.

Usage

Improper Usage of the Platform. We reserve the right to reduce, liquidate, deactivate, suspend or terminate any website membership, use or access if we terminate the Service or if we suspect, after investigation, that you have misused the GiggedIn service, violated the terms of this Agreement, or have otherwise used the GiggedIn service to conduct any fraudulent or illegal activity.

In the event an account is suspended or terminated for your breach of this Agreement (in each case as determined in our sole discretion), the Platform may suspend or terminate the account associated with such breach and any or all other accounts held by you or your affiliates, and your breach shall be deemed to apply to all such accounts.

General Terms

You and we are independent contractors, and nothing in this Agreement creates a partnership, employment relationship or agency. There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder, in whole or in part, to any third party without our prior written consent, and any attempt by you to do so will be invalid. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Our failure to enforce any provision of this Agreement will not be considered a waiver of the right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement. The Platform will not be liable for any delay or failure to provide its services caused by a factor outside the Site's reasonable control (including but not limited to any act of God, war, breakdown of plant, industrial dispute, electricity failure, governmental or legal restraint).

Your Information

Definition. "Your Information" means any item you list as well as any information you give to us or other members in the registration or listing process, in any public message area (including the discussion boards and in feedback) or through any email feature. Your Information also includes the Experience information you list for sale or display on our Site, as well as any content you post on other web pages within our Site (including photographs or other images).

You are solely responsible for Your Information. We act as a passive conduit for your online distribution and publication of Your Information.

Your Information must not, in any way whatsoever, be potentially or actually harmful to the Platform or any third party, where "harm" includes, but is not limited to non-economic loss that will or may be suffered by the Platform. The Policies contain detailed statements of prohibited conduct relating to Your Information. Without limiting any provision of this Agreement, Your Information must be up to date and kept up to date and must not:

  • be false, inaccurate or misleading or deceptive;
  • be fraudulent or involve the sale of counterfeit or stolen items;
  • infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
  • violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
  • be defamatory, libellous, threatening or harassing;
  • be obscene or contain any material that, in the Platform's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images and, if otherwise adult in nature, shall be distributed only to people legally permitted to receive such
  • Be obscene or contain child pornography
  • contain any content that is prohibited or that, in the Platform's sole and absolute discretion, may be prohibited content;
  • contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information;
  • create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or
  • link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement;

Solely to enable the Platform to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to do and authorise the doing of all acts comprised in the copyright and to exercise the publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. The Platform will only use Your Information in accordance with our Privacy Policy (located here). We need this to use and display your content.

Tax & Legal Compliance

In addition to this Agreement, you must familiarise yourself with, and comply with the Policies, domestic laws (including common law), state legislation, international laws, statutes, ordinances and regulations regarding your use of our services including listing and/or purchasing Experiences or Packages. In particular, you must ensure that your activities, Experiences and Pacakges you list (which is part of Your Information), and the balance of Your Information do not violate the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and other relevant country based fair trading legislation. Notwithstanding successful conclusion of a transaction you must ensure strict compliance with any particular formalities which, if not complied with, will either render a transaction void or unlawful (eg. the sale of interests in real property ordinarily requires a written document to be created).

Artists alone, and not the Platform, are responsible for ensuring that the Experiences and Packages and any other activities conducted on the Site are lawful. Artists must ensure that they comply with all applicable laws in Australia and all other countries. Artists must also ensure that they strictly comply with this agreement and the policies which form part of the agreement.

Artists should comply with country, state and federal regulations.

Artists should be aware that funds generated using the Platform could be taxable income. It is the Artist's responsibility to declare the funds and comply with local tax laws.

Governing Law

These terms and conditions are governed in all respects by the laws of Australia and any action arising under them or in any way connected with the Platform service may be brought only in a court in Australia, subject to any law which is expressly inconsistent with this.

Further Information

Commercially available parental control protections (such as computer hardware, software, or filtering services) may help you to limit access to material that is harmful to persons under the age of 18 years.

Contact information

Contact us on contact@giggedIn.com if you have any questions.

Disputes between you and the Platform regarding the website services, complaints or suggestions should be reported to technical support through email contact@giggedIn.com