The Platform is owned and operated by THERIGHT.FIT PTY LTD (ACN 606 825 441) (“TRF”, “us” or “we”).
REGISTERING AN ACCOUNT
In order to use the Platform, users must register an Account. Without limiting the registration details we may require, you acknowledge that we may require you to provide us with:
a personal or company profile;
an email address;
the details of a Valid Card and/or bank account; and
verification of your address details.
We reserve the right to refuse or cancel registration of an Account for any reason in our sole discretion.
All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the Platform. You may never use another person’s Account without their permission.
Your Account is personal to you and you must not transfer it to others, or allow third parties to access, or use your Account, except with our express written permission. If a legal entity such as a company has created an Account, you, the legal entity, are the Account owner, and regardless of any change in any contact details, you will remain responsible for your Account as set out in these Terms. If you wish to change the Account owner, you must provide us with a written request to transfer ownership of the Account to the incoming party, which must also include the incoming party’s written consent to take over full responsibility for the Account. Third parties may never use, or access, another person’s Account, unless that third party is expressly authorised to use the Account because it acts for, or on behalf of, the Account holder, including if it is the Account holder’s personnel.
You are responsible for maintaining the strict confidentiality of your Account details and for controlling access to and use of your Account, and any activity, including any unauthorised activity, under your Account. You agree to immediately notify us of any unauthorised use of your Account (including any unauthorised third party access to your Account) or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
You acknowledge that the information in your Account profile will be accessible on the Platform to Account holders on the Platform.
USING THE PLATFORM
Once an Account is registered, the Platform allows Clients to list Jobs, invite Talent to castings and book Talent for Jobs. The Platform allows Talent to search and apply for Jobs, attend castings and accept bookings by Clients for Jobs.
You may not decompile, reverse engineer, disassemble, or convert any element of the Platform to a human perceivable form; distribute, disseminate, broadcast, circulate or republish any element of the Platform in any way (including any Content which it does not own, or have the relevant legal rights to); resell, rent, lease or lend any element of the Platform; defeat, disable or circumvent any security feature of the Platform; transfer, or allow access to, any element of the Platform to any third party (including any Content which it does not own, or have the relevant legal rights to); or authorise any third party to do any of the acts above.
You must not engage in crawling, scraping, caching or otherwise accessing any content (including any Content) on the Platform via automated means.
The Platform is designed for use by people aged 16 years and over. Users under the age of 16 years may only use the Platform with the consent of a parent or legal guardian. We reserve the right to refuse registration from individuals under 18 years of age or, in any event, to seek further information from you to verify your eligibility to use the Platform.
You are solely responsible for your interactions with other users of the Platform. You agree that we are not responsible for the conduct of any user.
You represent, warrant and agree that you will not use the Platform, including any Content, in any way that competes with the Platform or our business.
The Platform may contain links to other sites not maintained by us (“Linked Sites”). We are not responsible for the content of any Linked Sites. TRF does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information from you, we shall bear no responsibility or liability for the manner in which such information is used.
The Platform may utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform's prevailing terms and conditions of use. By using any social media applications or features on the Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Platform.
ADDITIONAL TERMS FOR TALENT
Paragraphs 27-43 apply only to Talent participating in the Platform.
If you do not meet the minimum age requirement in paragraph 16 above, you must not use the Platform unless approved by a parent/guardian (and we reserve the right to verify your eligibility and require parent/guardian consents).
You warrant to TRF and to the Client that you have the legal right to work on each Job and will, upon request, provide all necessary documents to TRF, or to the Client, to verify your legal right to work on a Job.
You acknowledge that Clients may require that you meet specific criteria to be eligible to apply for a particular Job. You agree to not apply for any Job where you do not meet all of the specific criteria required by a Client.
Contact with Client
You may not contact, directly or indirectly, the Client outside of the Platform, or directly or indirectly, request, solicit or obtain the contact details of the Client, unless you and the Client have booked a Job under the Platform.
You must not use any contact details available on the Platform to organise the provision of any services off the Platform, whereby organising the provision of services includes contacting the Client outside of the Platform and/or promoting yourself to the Client outside of the Platform.
Talent Accounts and Subscription Fee
When registering an Account, you may select a free Account or a paid account.
You acknowledge that a Subscription Fee applies to paid Accounts. When registering a paid Account and providing us with the details of your Valid Card, you authorise us to charge your Valid Card the Subscription Fee at the then current monthly rate for your paid Account (as applicable). The Subscription Fee will be charged to your Valid Card in advance of each monthly subscription period.
You acknowledge that different features, limitations and inclusions apply to different Account packages. For more information on the features, inclusions and exclusions for free and paid Accounts, see: Pricing.
You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
Talent Service Fee
Your payment is processed by electronic funds transfer. We use a payment service provider, Stripe Payments Australia Pty Ltd (Stripe), to facilitate payment of the Talent Service Fee and during that transaction we are paid our Talent Booking Fee from the Client. Our Talent Booking Fee is paid by the Client in addition to your Talent Service Fee and does not reduce your Talent Service Fee. TRF acts solely as a payment facilitator, your payment will be made by Stripe to you on completion of the Job.
To facilitate the payment of your Talent Service Fee, when you register for an Account, in addition to the information referred to in paragraph 7 above you will be asked to provide financial details including your nominated bank account details, whether or not you are registered for GST, your ABN (if applicable) and any further required details. You are responsible for the accuracy of your nominated bank account details. You expressly authorise us to provide your bank account details to Stripe and set up a direct account between you and Stripe as your representative, which enables you to be paid directly into your nominated bank account through the Platform. You acknowledge and agree that when registering your Account, you may be required to enter into a separate agreement directly with Stripe which is notified to you and you are solely responsible and liable to Stripe under that agreement. All monetary transactions made through your use of the Platform are subject to any fees Stripe may charge.
You acknowledge and agree that the relevant Client, not TRF, will be solely liable for payment of the Talent Service Fee for any Job. TRF merely facilitates such payment on the Platform and under no circumstances does TRF accept liability for payment of the Talent Service Fee. You agree that you will not pursue any actions, legal or otherwise, against us for any non-payment, and that this provision constitutes a bar to any such actions or proceedings.
You acknowledge and agree that if you cancel a Job you will not be entitled to the Talent Service Fee.
Talent Relationship with the Client
As Talent, you will at all times perform your obligations and provide your services to the Client as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither TRF nor the Client will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either TRF or the Client, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions. You indemnify TRF in relation to any such liabilities.
You agree that you (and your agents) will not negotiate separate payment terms or amounts from Clients outside the Platform. Any attempt to circumvent the Platform may result in, at our sole discretion, the removal of you from the Platform at or an immediate requirement for you to pay us the Opt-Out Fee in accordance with paragraph 81. If we remove you from the Platform, you will immediately cease to represent or describe yourself as an authorised user of the Platform.
You acknowledge that TRF provides the Platform as an online marketplace and that you are solely responsible for seeking and finding Jobs with Clients and that TRF is not your agent, representative, or manager.
When you agree to the Booking Agreement or any other terms of agreement on the Platform for a Job you are entering into a direct agreement with the Client. You are solely responsible for ensuring that you understand the terms of your agreement with a Client.
ADDITIONAL TERMS FOR CLIENTS
Paragraphs 47-62 apply only to Clients participating in the Platform.
Payment Terms for Clients
When you book Talent on the Platform your Valid Card will be pre-authorised 72 hours before the commencement of the relevant Job.
Payment from your Valid Card will be processed for the full amount of the Talent Service Fee and the Client Booking Fee 48 hours after the start date of the relevant Job. You authorise us to debit such amount from your Valid Card.
The Job Profile posted to the Platform will provide for payment of the Talent Service Fee within 48 hours of the completion of the relevant Job, unless we have expressly agreed with Client that a longer Payment Period may be specified.
TRF may agree, in its absolute discretion, to Clients specifying a longer Payment Period and a Job must not specify a longer Payment Period without TRF’s express prior approval.
If overtime work is performed on a Job you must process the additional payment for that overtime work on the Platform. If overtime for a Job is recorded and processed on the Platform, we will adjust the final amount payable for a Job and adjust the invoice.
You must have sufficient funds available on your Valid Card to pay the Talent Service Fee and the Client Booking Fee. We reserve the right to charge credit card surcharges and a $25 administration fee if there are insufficient funds available on your Valid Card. You acknowledge that such administration fee is a genuine pre-estimate of the loss we would incur as a result of your non-payment due to having insufficient funds.
You must otherwise at all times pay all charges in the manner set out on the Platform or as advised by us in writing from time to time.
You undertake that you are an authorised user of your Valid Card; that the Valid Card details provided are current, correct and complete; and that your Valid Card will have sufficient funds to pay the full amount the Talent Service Fee and the Client Booking Fee on each occasion. You acknowledge that TRF acts solely as a payment facilitator and agree that TRF is not liable for payment of the Talent Service Fee for any Job. You agree that you will not pursue any actions, legal or otherwise, against us in connection with the Stripe payment service, and that this provision constitutes a bar to any such actions or proceedings.
Terms for Jobs
You agree that you will not negotiate terms or payment to Talent outside the Platform. Any attempt to circumvent the Platform may result in the removal of the Client from the Platform at our sole discretion.
Client acknowledges that Talent are independent third parties and not controlled by TRF. Client specifically acknowledges and agrees that Client is solely responsible (and assumes all liability and risk) in respect of the services provided by Talent on a Job.
You acknowledge that TRF has not made any warranties in respect of the success of any Job or as to the suitability of any Talent for a Job, or in respect of your business or commercial performance
When you agree to the Booking Agreement or any other terms of agreement on the Platform with any Talent you are entering into a direct agreement with the Talent. You are solely responsible for ensuring that you understand the terms of your agreement with the Talent.
Cancellations by Client
If you cancel a Job within 24 hours before the commencement of that Job through no fault of the Talent, you agree to pay the Talent the Talent Service Fee and to pay us the Client Booking Fee, regardless of any separate services agreement you enter into with the Talent.
If you cancel a Job on the Platform with more than 24 hours’ notice before the commencement of that Job, you are not required to pay us the Client Booking Fee and you are not required to pay the Talent the Talent Service Fee (unless you have agreed to pay the Talent Service Fee upon such cancellation in any separate agreement between you and the Talent).
THE BOOKING AGREEMENT
The Platform is an online marketplace which facilitates the creation of a commercial relationship between a Talent and a Client. TRF does not enter into an agreement with a Talent or a Client in respect of any Job.
The Client and Talent are not restricted from entering into a separate agreement for a Job, however: (a) any separate agreement for a Job must be uploaded onto the Platform; and (b) the Job must be performed through the Platform; and (c) if the Client cancels a Job within 24 hours before the commencement of that Job through no fault of the Talent, the Client must pay the Talent the Talent Service Fee and pay us the Client Booking Fee (and to the extent of any inconsistency, this cancellation provision will prevail over any provision in a separate services agreement between the Client and Talent). The Booking Agreement is available at “My Projects” on the Platform.
You agree to grant to TRF (and its agents) in respect of all Content uploaded to the Platform and all images of Job Materials, a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Content and images for the purpose of marketing and promoting TRF (and its products and services) in any manner. You acknowledge that TRF may reproduce such images from your official sites and platforms for such purposes.
You warrant that:
any Content you upload to the Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive, or defamatory or that is in breach of any Intellectual Property Rights.
The ownership of materials created or produced at a Job, and the results and proceeds of the services provided by a Talent on a Job (Job Materials), including all Intellectual Property Rights in such Job Materials, is specified in the Booking Agreement and is subject to the terms of a Job booking agreed by the Client and Talent. It is your obligation to ensure that you understand the terms of your Booking Agreement, including in respect of the ownership and usage of Job Materials.
TALENT & CLIENT REPRESENTATIONS AND WARRANTIES
You warrant that:
all information you provide to us upon registering for an Account is true, accurate and complete and not misleading;
You are authorised to submit Content, as applicable, in the manner invited via the Platform;
You will not share any personal information of other users of the Platform with any third party;
any Content you submit to the Platform will not contain anything that;
is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
is copied or adapted either wholly or substantially from any other work or material;
is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
parodies, disparages or makes fun of TRF or its products of services or TRF generally in any way;
solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses;
promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.
The scope and coverage of the insurance provided by TRF is subject to the terms and conditions of the insurance policies maintained by TRF. It is your obligation to ensure that you understand the terms and conditions of the policies maintained by TRF (including the payment of an excess) and the limitations therein. See Insurance for more information.
TRF makes no representation or warranty that its insurances are sufficient or adequate to provide coverage for any of your acts or omissions in connection with your use of the Platform, including in respect of any services, booking, Job or payment. You are required to maintain your own insurances in respect of your use of the Platform as are appropriate for your own circumstances, including for any services, booking, Job and/or fee payment. You acknowledge that you are solely responsible and liable if our insurances do not cover you for any claim, event, occurrence, act, omission or other incident. Please contact us if you have any questions about TRF’s insurance coverage.
The Client and the Talent acknowledge that:
TRF will not be responsible or liable in any way for any postponement, cancellation, no-show, termination or other non-performance of a Job, or any dispute between a Talent and Client in respect of a Job; and
we reserve the right to increase our fees or introduce new prices or charges at any time.
You agree to indemnify, and must defend and hold harmless, TRF and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Platform):
your Content or access to the Platform;
your use of any Content on the Platform;
your participation in, casting of, booking of, or provision of services for a Job;
your claim against a Client for any reason;
your claim against a Talent for any reason;
any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights.
your violation of any applicable laws, rules or regulations; and
any misrepresentation made by you.
LIMITATION OF LIABILITY
You agree that you use the Platform at your own risk and that TRF disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Platform. To the maximum extent permitted by law (but subject to paragraph 64):
the Platform and the TRF Materials and any other features or functions associated with the Platform are provided "as is" and "as available" with all faults and without warranty;
no circumstances will TRF be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via the Platform;
we do not make any promises or assurances to you about the Platform or the TRF Materials, including without limitation that your use of the Platform will be uninterrupted or error-free;
we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the Platform and we do not accept any liability in relation to your reliance on such information, advice or other content; and
we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Platform.
You agree that monetary damages may not be an adequate remedy for a breach of paragraph 81. We are entitled to seek an injunction, or any other remedy available at law or in equity, at our discretion, to protect ourselves from a breach (or continuing breach) of paragraph 81.
Users (and their respective agents) each acknowledge and agree that:
the Client Booking Fee is a significant part of the remuneration which TRF receives from the Platform and the Client Booking Fee is required to enable TRF to make the Platform available;
TRF only receives the Client Booking Fee when Jobs are completed using the Platform; and
Users (and their respective agents) each acknowledge and agree that, unless the Client or Talent pays the Opt-Out Fee (see paragraph 75 below), during the Exclusivity Period the Client and Talent:
must use the Platform as the exclusive method to list, cast, apply for, book and complete and pay for any jobs or services or other engagements between the Client and Talent;
must not circumvent the payment of the Client Booking Fee;
must not enter into any agreement, contract or other engagement or arrangement for the provision of services by the Talent for the Client outside of the Platform (whether directly or indirectly and whether individually or through any third-party intermediary);
in the case of a Client – must not submit any proposal or solicit, approach or invite any Talent identified on the Platform to perform services or work, or make payment to that Talent outside of the Platform; and
in the case of a Talent - must not accept any proposal or invitation from a Client identified on the Platform or solicit or approach any such Client to perform services or work, or receive payment from that Client outside of the Platform.
You agree to notify TRF immediately if a person suggests that you make or receive a payment or work together outside of the Platform, or if you are aware of a breach or potential breach of the non-circumvention conditions in paragraphs 87 to 88. Please contact us at: firstname.lastname@example.org
You may opt-out of the non-circumvention obligations in paragraphs 87 to 88 in respect of a particular relationship between a Client and a Talent, only if you pay TRF an opt-out fee (the Opt-Out Fee), which is calculated as the greater of:
the amount of all Client Booking Fees that would be earned by TRF during the Exclusivity Period, calculated based on an annualized amount earned by Talent from Client during a normalized 8-week period, or during such shorter period as data is available to TRF.
In paragraphs 88 and 89, Exclusivity Period means for so long as the Talent or Client (as applicable) is registered on the Platform and a period of 12 months commencing on the later of:
the date a Client first contacts, meets or identifies a Talent through the Platform; or
If TRF determines, in its sole discretion, that you have breached your obligations in paragraphs 88 or 89, TRF may, to the maximum extent permitted by law: (i) charge your Valid Card the Opt-Out Fee; or (ii) send you an invoice for the Opt-Out Fee, which you agree to pay within 30 days; and/or (iii) terminate your Account; and/or; (iv) charge you for all losses and costs and reasonable expenses (including lawyers’ fees) related to investigating such breach and collecting such fees.
Paragraphs 87-91 apply where a Client and a Talent have been introduced or identified through the Platform, for example if a Client identifies a Talent through the Platform. If a Client and a Talent were not introduced through the Platform, for example if the Client and Talent have worked together before meeting on the Platform, then the non-circumvention conditions in paragraphs 87-91 do not apply.
MONITORING, SUSPENSION AND TERMINATION
If the Platform is not capable of running as planned for any reason beyond the reasonable control of TRF, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Platform, TRF reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Platform.
“Account” means an account completed by a Client or Talent for use of the Platform;
“Application” means the TRF mobile and tablet application;
“Booking Agreement” means the agreement between a Talent and a Client for the provision of services by a Talent for a Job which is available a “My Projects” on the Platform;
“Client” means any person or entity, or its duly authorised agents or representatives, registered to use the Platform which requires professional or creative services of Talent for Jobs;
“Client Booking Fee” means the stated fee payable by a Client to TRF in respect of the booking of a Job plus any applicable GST;
“Content” means any content uploaded to the Platform by a Client or a Talent, including any posts, comments, reviews, information (including contact information), video, audio, photographs, images, illustrations, animations, data or other interactive features which may be made available on the Platform;
“Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, any rights in silicon chip topography, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in Australia or otherwise;
“Job” means a project, campaign or other brief of a Client which requires the services of a Talent, as specified by a Client in a Job Profile on the Platform;
“Job Profile” means the profile for a Job listed by a Client on the Platform;
“Payment Period” means the period specified in a Job Profile as that within which Client will pay Talent the Talent Service Fee.
“Platform” means the Website, the Application and any associated TRF properties or websites;
“Subscription Fee” means a monthly subscription fee which is payable by a Talent to TRF for use by the Talent of the Platform;
“Talent” means a user of the Platform who registers as a provider of professional or creative services;
“Talent Service Fee” means the stated fee payable by a Client to a Talent in respect of Job plus any applicable GST;
“TRF Materials” means the Platform and any associated materials owned, developed or licensed by TRF and made available via the Platform;
“Valid Card” means a valid Visa, Mastercard or American Express credit card.
Still need assistance?
If you need more assistance about a specific enquiry feel free to get in touch with us using the form below. We’ll try to get to you within 1-2 business days.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.