Terms & Conditions
Effective Date: 05 MAY 2021
1.1. By using our service at https://www.artistoncue.com (herein “Website”) or any part thereof by accessing and/or using the information, products, services and functions provided and/or expressly accepting the terms set out in this document, as amended from time to time (herein “Terms”), the user (herein “you,” “your”, “user”) signifies that he/she has read, understands and agrees to be bound to these Terms. If you (1) do not understand or agree to these Terms, or (2) if you are not legally entitled to so agree for any reason, you may not access or use any part of this Website.
1.2. These Terms may be amended, from time to time and a notice of the amendment shall be sent to your email address as provided by you. The revised terms shall take effect on the date of such publication and shall supersede and replace any previous Terms. You agree to keep yourself appraised of any such changes and shall be deemed to agree to such changes if you continue to use the Website after the date upon which the revised Terms have been published.
1.3. While all the provisions set out in these Terms should be carefully considered, the provisions in bold are especially important.
1.4. Your use of the Website is subject to our Privacy Policy, Copyright Policy and Community Guidelines which detail amongst other things how your personal information is collected and processed, the rights and title in any content uploaded or conveyed on the Website and the guidelines you are required to abide by in the use and accessing of the Website.
1.5. If you do not understand these Terms in part or in whole, please contact us via our details as set out in clause 20.
2. About Us
2.1. The Website is made available by Artist on Cue Propriety Limited, a private company incorporated in terms of the laws of the Republic of South Africa under registration number 2020/466836/07 (herein “we“, “us“, “our“) and with further particulars:
2.1.1. Registered physical address: Office 5B, Moffet on Main Lifestyle Centre, Port Elizabeth, South Africa
2.1.2. Telephone number: +(27)41-367-2116
2.1.3. Email address: support@artistoncue.com
3. About this Website
3.1. Access to the Website is intended to provide a means for performing artists to connect and interact with potential clients and patrons, and to provide potential clients and patrons an opportunity to source performing artists with specific skills and experience for purposes of ad hoc or ongoing project work. The Website also provides access to educational courses, in which users can participate as a student or become an instructor.
3.2. Nothing in these Terms or otherwise shall create an employment, agency, joint venture relationship between us and any user promoting or sourcing specific skills and experiences for ad hoc or ongoing projects or courses. Any interviews conducted on or as a result of the use of the Website shall be conducted in accordance with the employing or sourcing users’ internal rules and policies.
3.3. We reserve the right, in our sole discretion, to amend, add, modify and/or discontinue any function, information, products or services offered on the Website from time to time without prior notice.
4. User requirements
4.1. In order to use the Website, you must:
4.1.1. be at least 18 years of age, or any such older age your jurisdiction may require for you to provide the consent required in these Terms inclusive of the Privacy Policy without any parental consent;
4.1.2. not have previously been suspended or removed from the Website;
4.1.3. use the Website in compliance with these Terms, all applicable laws and regulations in your local jurisdictions; and
4.1.4. comply with any policies, procedures and guides in respect of the Website that we may publish from time to time.
4.2. By accessing and or making use of the Website you warrant that you meet the age restriction in clause 4.1.1.
5. Account
5.1. The full functionality of the Website is reserved for users who create an account with us and subscribe to a membership package. Users who make use of the Website without creating an account will have limited access to the functions of the Website.
5.2. In creating an account, you will be obliged to provide certain information including full name and email address, which you warrant to be true and accurate. You have an obligation to update such information when there is a change in your details.
5.3. You are required to make use of a strong password and username in creating the account (herein “Login Credentials“).
5.4. You agree to:
5.4.1. keep your Login Credentials secure and confidential;
5.4.2. immediately notify us of any incident that might compromise your account or the security or integrity of the Website; and
5.4.3. that any actions taken by you on the Website having been authenticated with your Login Credentials shall be deemed to have been done by you and you shall be held responsible for such actions.
5.5. We are not liable for any damage, loss or any adverse consequences arising as a result of you not maintaining the Login Credentials in a secure and confidential manner.
6. Subscriptions and payments
6.1. The Website provides different membership packages with certain functions reserved for users who subscribe to that specific membership package and make payment of the applicable fees.
6.2. If you subscribe to any membership package, you may be liable to pay us the applicable fees as set out here as amended from time to time. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates). You will be charged on the day you made the purchase, with renewal based on the package purchased. Payments may be made through your Paypal Account.
6.3. Subscription to membership packages shall be on a month to month or yearly basis depending on the option selected by the user, with an option for automatic renewal until terminated by you by unsubscribing to the membership package as provided for on the Website or terminated by us in accordance with these Terms. If you opt for non-automated renewal, in addition the foregoing your subscription to a membership package will terminate at the expiration of the final month of the subscription period indicated in the package you purchased.
6.4. Subscribed users of fee paying membership packages will be billed on the monthly or yearly anniversary, as the case may be, of the subscription to such membership package in advance. You acknowledge and accept that we will use the payment information you provide to us at the time of subscription, as you may amend it from time to time on the Website, for purposes of payment for each premium service that you may subscribe for. You therefore warrant and undertake that you will maintain up to date payment information on the Website at all times that you are subscribed for any paid membership services.
6.5. You can cancel, renew, upgrade or downgrade your membership package, and change your payment details, by going to user profile/my account/my subscription and making the necessary changes. .
6.6. In the event that you fail to make timeous payment of any charges due by you to us under these Terms, we will be entitled but not obliged, in our sole discretion, to suspend or terminate your access to any membership packages with immediate effect and without prejudice to any of our rights.
6.7. Details of your purchases on the Website can be accessed in user profile/my account/orders when logged into your profile, and will be accessible for the duration of the subscription purchased, provided that if you cancel your account this information will be erased from the Website.
7. Suspensions and Moderation
7.1. You are not permitted to use the Website or any of our services for spamming purposes, or to publish or transmit anything which may constitute hate speech. If in our unfettered discretion we are of the view that you are using the site for spamming purposes, we may limit your access to the services, including but not limited to the number of connections that you can add per time period, the volume or content of any of your posts, activity, comments, groups and companies, and your ability to contact other users who you are not connected to, or who have reported you. We may keep a log of reports submitted on the Website.
7.2. We are entitled to restrict, suspend, or terminate your account in our unfettered discretion if you breach these Terms or any applicable law or if we determine in our unfettered discretion that you are misusing the Website or the services, for instance by violating any of the Community Guidelines.
8. Refunds
8.1. You have the following rights in terms of the Consumer Protection Act 68 of 2008:
8.1.1. If the services supplied to you by us in terms of the Website are not:
8.1.1.1. rendered in a timeously manner or if we do not provide timely notice of any unavoidable delays in the performance; or
8.1.1.2. the services are not performed in a manner and quality that you generally expect,
you shall be entitled to either notify us of such failure so that we may remedy the defect in the quality of the services or request a refund for a portion of the fee paid having regard to the extent of the failure.
8.2. In terms of the Electronic Communications and Transactions Act 25 of 2002 (herein “ECTA“), you have the right to cancel your membership package within 7 calendar days of subscribing thereto without any penalty and to be refunded for this cancellation within 30 days of cancellation (a “Cooling Off Right“). You understand, however, that if any services contemplated under your membership have already commenced with your consent prior to the end of the 7-day period, you will no longer have this Cooling Off Right.
8.3. Other than as set out above, refunds shall be determined and paid to you in accordance with out Refund Policy.
9. User content
9.1. You have the ability to message, comment, share and post content (including amongst other things blog posts, photographs, videos, music and educational courses) on the Website which may be viewed and seen by other users and to a limited extent by non-registered third parties, including (without limitation), data and media (herein “Your Content“).
9.2. Where the Website provides you with the settings to specify and/or amend who can see Your Content on the Website we will, in as far as possible, ensure your settings are adhered to.
9.3. We retain an absolute discretion in regard to the publishing of user content on the Website, and are not obliged to publish Your Content and can remove it at any time without notice.
9.4. All content uploaded on the Website, including Your Content, will be subject to our Copyright Policy.
10. Linked third party websites
10.1. We or other users of the Website may provide links to third party websites, content or adverts. The third party links are provided for convenience purposes only and we do not endorse such third party websites and/or their content. You acknowledge that should you use these third party links, that use is at your own risk and is subject to whatever policies and terms of use those third parties may apply on their websites.
10.2. We do not review or verify the content, or third party links posted or shared by other users and as such you may be exposed to inaccurate, misleading, offensive, illegal, or otherwise harmful content. We will not be held responsible for any other users’ content and your rely on such content at your own risk.
10.3. You acknowledge and agree that we will not be held liable directly or indirectly for the information provided on third party websites nor for any loss or damage resulting from your access to and use of third party websites.
11. Intellectual property rights
11.1. Intellectual property in Your Content:
11.1.1. you hereby grant to us a non-exclusive, world-wide, royalty-free, transferable and sublicensable licence to make use, copy, modify, distribute, publish, and process Your Content;
11.1.2. we will be entitled to treat Your Content as non-confidential;
11.1.3. you warrant, undertake and represent on an ongoing basis that publication of Your Content on the Website does not infringe our or any third party’s rights or contravene any applicable laws and that you have the necessary rights therein to share, make use of or edit the content; and
11.1.4. you agree to hold us harmless for any claims that may arise from your breach of the aforegoing undertaking.
11.2. The licence in 11.1.1 shall persist for the duration that Your Content remains available on the Website. Accordingly, deletion or removal of Your Content from the Website by either of us terminates the licence except to the extent that the content has been re-shared or stored on the Website or with other users, or to the extent that we may need to store any of Your Content for purposes of backups and/or for regulatory reasons.
11.3. Intellectual property in the Website:
11.3.1. you agree that all right, title and interest in and to the Website and any adaptations to or derivative thereof, shall vest in us and to the extent required to give effect to the aforegoing, is hereby assigned to us. Without limiting the aforegoing, the aforesaid rights shall include all intellectual property and proprietary rights in and to the Website, howsoever arising in any jurisdiction worldwide, whether registered or not and in whatever form or embodiment, made or discovered solely or in collaboration with others, including (without limitation) patents, inventions, discoveries, industrial designs, designs rights, model, topography rights copyright, moral rights, compilations of data, database schemas, customer lists, records, diagrams, documents, drawings, specifications, schematics, applications, software (including source code and object code); registered and common law trade marks, service marks, trade names, business names, trade dress, domain names, logos, goodwill; trade secrets, confidential information, know-how, business processes, technical data and specifications, customer and supply lists, pricing and cost information, business and marketing plans and proposals; adaptations, improvements and/or derivatives of the aforegoing; and in respect of all of the aforegoing, any applications (or entitlement to make application) for the protection or registration of the aforesaid rights and all renewals and extensions thereof throughout the world (to the extent possible).
12. Privacy of personal information
12.1. In this clause, “Personal Information” means personally-identifiable information as defined and protected by applicable privacy law.
12.2. By making use of the Website we shall be required to process personally-identifiable information in order to render services to you. The processing of such Personal Information shall be in compliance with applicable privacy law as set out in more detail in our Privacy Policy and Cookie Policy.
12.3. In certain cases, in making use of the Website, we will process certain Personal Information on your behalf and in doing so, we must rely on your compliance with applicable privacy law. You accordingly hereby undertake that you will:
12.3.1. comply with the requirements of applicable privacy law and the requirements for the lawful processing of Personal Information;
12.3.2. provide reasonable evidence of your compliance with applicable privacy law upon request by us; and
12.3.3. indemnify us from any cost, damage, loss, expense or penalty that may arise from a breach of your obligations of this clause 12.
13. Security
13.1. It is a criminal offence to gain unauthorised access to any restricted areas of the Website or to otherwise interfere with the proper functioning of the Website or any data originating or being received by the Website.
13.2. You may not attempt to compromise, overcome, defeat or modify any data or security features of this Website, or render the Website partially or fully inaccessible, or gain unauthorised access to a portion or features of the Website or any system, server or network connected to us through any unauthorised or unlawful means, or by delivering or attempting to deliver any unauthorised, damaging or malicious virus, code, software, data, Trojan or program to the Website or any system, server or network connected to us.
13.3. You may not take any action that will place an unreasonably large load on the infrastructure of the Website of any system, server or network connected to us.
13.4. You are prohibited from accessing the Website by means of ‘web crawlers’, ‘web spiders’, ‘web robots’ or similar web indexing and/or data collecting technologies, whether automatic or manual, for purposes of extracting data, information, content or material from this Website, unless such extraction is by bona fide public search engines, or you have obtained our prior written consent.
13.5. While we employ antivirus software and other security measures, we make no warranty that this Website and its contents is free of viruses or any other material which may be able to compromise your computer system, and therefore encourage that you employ your own protection.
13.6. All payments relating to services provided on the Website are provided via the following third parties, whose security measures are available here:
Paypal: https://www.paypal.com/us/webapps/mpp/paypal-safety-and-security
13.7. We do not store or collect your payment information. All personal information stored or collected by us is subject to stringent security measures including firewall, two-factor authentication, strong password enforcement and other industry standard security measures.
13.8. We reserve the right to take any steps necessary to preserve the security, integrity and reliability of the Website or any system or server connected to us.
14. Breach or cancellation
14.1. We may limit, suspend or terminate your access to and use of the Website without further notice if:
14.1.1. you breach any of these Terms or any other policies to which you are bound;
14.1.2. we are required by law to do so; or
14.1.3. we decide to do so in our sole discretion.
14.2. In the event that we terminate your access to the Website due to clause 14.1.3, we will refund any prepaid subscription fees that have been paid in accordance with clause 8. You agree that you will have no other claim against us.
14.3. The above termination is without prejudice to any other rights or remedies that we may have in law to claim specific performance of any obligation whether or not the due date for performance has arrived, to obtain an interdict against you or to claim damages.
15. Our liability and indemnity
15.1. Your use of and reliance on the Website is entirely at your own risk. We make no representations, covenants or warranties and offer no other conditions, express or implied, regarding any matter, including:
15.1.1. the merchantability, suitability, fitness for a particular use or purpose, non-infringement or results to be derived from the use of the Website;
15.1.2. whether the information available on or transmitted by the Website is true, complete or accurate; or
15.1.3. whether access to the Website will be uninterrupted or error-free.
15.2. You acknowledge that there are risks inherent in transmitting information over and storing information on the internet and we are not responsible for any losses of your data, confidentiality, or privacy in connection therewith to the fullest extent permitted by applicable law.
15.3. The Website is provided on an as-is basis. To the maximum extent permitted by law, we will not be liable for any claim, cost, damage, loss or injury arising from the use of our Website. Without limiting the aforegoing, we will not be liable for any consequential, special, punitive, or similar damages, howsoever arising.
15.4. To the maximum extent permitted by law, you agree to indemnify us from any claim, cost, damage, loss or injury arising from your use of the Website, as well as any breach of these Terms by you or on your behalf.
16. Force majeure
16.1. Notwithstanding anything to the contrary, we will not be liable for a failure to perform any of our obligations insofar as the failure was due to an impediment beyond our reasonable control. Relief from liability for non-performance by reason of the provisions of this clause 16 shall terminate upon the date upon which such impediment ceases to exist.
17. Dispute resolution
17.1. In this clause, “AFSA” means Arbitration Foundation of Southern Africa, or should it cease to exist for any reason, such other independent body or person as may be selected, at the request of any party, by the President for the time being of the South African Legal Practice Council (or its successor).
17.2. Save as otherwise specifically provided elsewhere in these Terms, any dispute arising out of or pursuant to these Terms shall be finally resolved by arbitration in Cape Town in accordance with the Expedited Rules of AFSA which can be accessed here: https://arbitration.co.za/. The proceedings shall be presided over by an arbitrator or arbitrators as agreed to between the parties to the dispute in writing, failing such agreement within 7 (seven) Business Days after the arbitration has been demanded, an arbitrator as appointed by AFSA having regard to the nature of the dispute.
17.3. The parties agree that the written demand by a party to the dispute in terms of clause 17.2 shall be deemed as a legal process for purposes of interrupting extinctive prescription in terms of the Prescription Act, 1969.
17.4. Notwithstanding the provisions of clause 17.2, any party may approach a court on an urgent basis for interim relief or for such relief not capable of being obtained by way of arbitration proceedings in general.
18. Notices
18.1. The party choose as their addresses for service and/or receipt of notices (i.e. domicilia citandi et executandi) for all purposes under these Terms, whether in respect of court process, notices or other documents or communications of whatsoever nature, the following addresses:
18.1.1. Artist on Cue (Pty) Ltd: the physical and email addresses set forth in clause 2; and
18.1.2. The user: the physical and email addresses provided by the user in creating an account.
18.2. Notices issued in terms of these Terms shall be valid and effective only if in writing and delivered to the relevant party’s physical address or email address (herein each a “Notice Address“).
18.3. Any party may by notice in writing to any other change its Notice Address, provided that in respect of its physical address the change shall become effective on the 7th Business Day from the deemed receipt of the notice in accordance with clause 18.4.
18.4. Unless the contrary is provided by a recipient, any notice to a party to a Notice Address on Business Days:
18.4.1. delivered by hand to a responsible party at its physical address shall be deemed to have been received on the day of delivery; or
18.4.2. sent by email shall be deemed to have been received on the date the message left the sender’s email system, as may be optionally evidenced by a delivery or read receipt emanating from the recipient’s email system.
18.5. In the event a facsimile or email notice to a party is delivered later than 17h00 in the recipients time zone, delivery shall be deemed to have taken place on the next Business Day.
18.6. Notwithstanding anything to the contrary, a written notice or communication actually received by a party shall be an adequate written notice or communication to it, notwithstanding that it was not sent to or delivered at a Notice Address.
19. General
19.1. Neutral interpretation. The rule of interpretation that the contract shall be interpreted against the party responsible for the drafting and preparation thereof (the contra proferentem rule) shall not apply.
19.2. Applicable law. These Terms shall be governed by and construed and interpreted in accordance with the laws of the Republic of South Africa. You consent to the jurisdiction of the magistrate’s court for any proceedings we may need to institute for the recovery of any damages, even if the amount of such a claim exceeds the prevailing limit on the jurisdiction of the magistrate’s court.
19.3. Whole Agreement. These Terms constitute the whole agreement between the parties as to the subject matter hereof. You shall not have any claim or right of action arising from any undertaking, representation or warranty not included in these Terms.
19.4. Relaxation. No failure on our part to enforce our rights shall in any circumstances be construed as consent, election, limitation, or waiver of rights.
19.5. Cost of legal services. Should we instruct legal representatives or collection agencies to take any steps to enforce any rights in terms of these Terms, then you shall be liable for all legal and incidental costs, including legal fees on the attorney and own client scale, collection commission and tracing charges.
20. Contact us
20.1. Should you wish to contact us for purposes of the Website and/or any Terms of policies you may do so online at https://www.artistoncue.com/faq/ or send us an email to legal@artistoncue.com.
