INNOVATIVE ACTOR PORTAL – TERMS AND CONDITIONS
(a) This website (Site) is operated by Precision Action Entertainment Pty Ltd ABN 83 167 497 252 (we, our or us). It is available at: www.innovativeactorworkshops.com and may be available through other addresses or channels. We offer online acting courses and content via the Site and an on demand messaging hotline available in your Account (Services).
(b) By accessing and/or using our Site, you (referred to as you or user):
(2) warrant to us that you have the legal capacity to enter into a legally binding agreement with us or (if you are under 18 years old) you have your parent’s or legal guardian’s permission to access and use the Site and they have agreed to the Terms on your behalf; and
(3) agree to use the Site in accordance with the Terms.
Please read the Terms carefully and immediately cease using the Site if you do not agree to them. These Terms will be binding on you from the day you create an account with us as set out on the Site (Account).
(a) You will be required to create an Account with us in order to access and use the Services. You must ensure that any personal information you give us when creating an Account is accurate and up-to-date.
(b) When you create an Account, you may choose a username and a password. It is your responsibility to keep your Account details confidential. You are liable for all activity on your Account, including purchases made using your Account details.
(c) You must not create an Account unless you are at least 13 years old. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (Minor) to create an Account and/or use our services, you agree to: (i) supervise the Minor’s use of our services and/or their Account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of our services and/or their Account; (iii) ensure that the content on the Site is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in these Terms on the Minor’s behalf.
(a) We offer two types of memberships on the Site (Membership): Basic Membership and Premium Membership. The features of each Membership are set out on the Site.
(b) You must pay us an upfront fee as set out on the Site when registering for either a Basic Membership or a Premium Membership (Fee). If you have chosen a Premium Membership you will also be charged a monthly fee starting on the day you register for the Premium Membership (also Fee). This monthly Fee with automatically renew every month on the calendar day corresponding to when you registered for an Account until you terminate or downgrade your Premium Membership in accordance with the Termination clause below. In some cases, your payment date may change, for example if a payment is unable to be processed or if your Premium Membership began on a day not contained in a given month.
(c) The Fees will be paid via our third party payment processor or by any other payment method set out on the site. To the maximum extent permitted by law, all Fees are non-refundable.
(d) To the maximum extent permitted by law, there will be no refunds or credits for any unused Membership (or part thereof), Membership downgrade or unused Accounts. Downgrading your Membership may result in the loss of content, features or capacity of your Account. We do not accept any liability for any losses or damages that may arise in such cases.
(e) If you upgrade your Membership from the Basic Membership to the Premium Membership, the credit card (or other payment method, as applicable) linked to your Account will automatically be charged the monthly Fee in advance of your next Membership billing cycle. Please ensure that this credit card (or other payment method, as applicable) has sufficient funds to pay the Fee. If your credit card expires and you do not cancel your Premium Membership, you will remain responsible for paying the Fee for the Premium Membership, which will accrue to your Account until you terminate your Premium Membership in accordance with the Termination clause below.
(f) All Fees exclude GST. If you are located outside Australia you will not be charged GST. You are responsible for all taxes, levies or duties imposed by taxing authorities in your own country, and you shall be responsible for payment of them. We have no responsibility to pay them on your behalf.
(g) The Fee is subject to change upon 30 days’ notice from us to you and will apply to the next Membership billing cycle. Such notice may be provided at any time by posting the changes on our Site, via email or via a notification to your Account. If you do not agree to the Fee change, you may cancel your Account or downgrade your Membership in accordance with the Termination clause below.
(h) If any payment is not made in accordance with our payment terms, we may (at our absolute discretion):
(1) immediately cease providing the Services;
(2) engage debt collection services and/or commence legal proceedings in relation to any unpaid amounts; and/or
(3) report you to independent credit data agencies.
(a) In consideration for payment of the Fees for your chosen Membership, we grant you a non-exclusive, non-transferable, non-sublicensable (except as otherwise permitted under these Terms), personal and revocable licence to access and use the Services for your own personal purposes for the Term (Licence).
(b) You agree that:
(1) the Licence permits you to access and use the Services for your personal use; and
(2) we reserve the right at any time and from time to time to: (i) refuse any request in relation to the Services that we deem inappropriate, unreasonable, illegal or otherwise non-compliant with these Terms; and/or (ii) modify or discontinue, temporarily or permanently, access to the Service (or any part thereof) with notice.
(a) If you have purchased a Premium Membership, you will have access to our on demand messaging service (Messaging Service) through your Account. You may use the Messaging Service to send us questions about the content on the Site and questions relating to acting or your entertainment career. We will endeavour to answer your questions within 24 hours of our receipt of your message.
6 Forum Posting Guidelines
(a) Membership gives you access to an online sharing community and forums that helps users connect, collaborate and support each other through an interactive online community. We ask that you act in a professional manner, be courteous and polite, when using the Services in the same way that you would during your entertainment career.
(b) To provide a supportive and professional environment for all users you must respect the following posting guidelines when using the forums.
(c) We ask you to limit your discussions to topics which are relevant to the Services.
(d) We reserve the right to remove any posts which we, in our sole discretion, deem to be inappropriate.
(e) We will give you the ability to delete your posts, so you can manage the content and information you share with others. We will store this data for as long as we believe necessary to provide you and others the best service offering.
(f) The following type of posts are not permitted on any forums:
(1) Irrelevant Posts. The forums are for collaborating on issues relevant to your acting and entertainment career. Use other services or social media to post on other issues.
(2) Inappropriate content and external links. Do not post or link anything that is inappropriate or offensive to users. This includes posts or external links to pornographic content or any other prohibited posts listed below.
(3) Personal attacks. Do not post anything that attacks or seems to be attacking someone on the forums personally. This includes threats and insults directed at other users.
(4) Discriminatory Posts. Do not post anything that discriminates against anyone including on the basis of race, colour, descent or national or ethnic origin, immigrant status, sexual orientation, gender identity, sex, any type of disability, pregnancy, marital status, illness or disease, religion and age or age specific characteristics. Any type of intolerance and vilification will not be tolerated on the forums. Do not post anything that could offend, insult, humiliate or intimidate anyone.
(5) Harassment and bullying. Do not post anything designed to harass, bully or abuse anyone for any reason.
(6) Marketing or advertising. Do not post anything that constitutes marketing or advertising of any kind including clickbait.
(7) Obscene language. Do not use obscene language in your posts.
(8) Revealing of personal or sensitive information. Do not post anything that includes details of someone else’s personal or sensitive information. This includes their name, email address, gender, home address and place of work.
(9) Any postings that may violate any local, state, national or other law or regulation.
(g) If you are in doubt about a post, do not post it.
(h) If you believe any posting or postings on any forums are in breach of these guidelines report that post or postings to us using the ‘report’ functionality or similar on the Service. You may add in comments when you ‘report’ posts to include the reason why you believe the post or postings are in breach of these guidelines or should otherwise be removed from the forums.
(i) If you believe any user is in breach of these guidelines report that user to us on the Site.
(j) We may, at our sole discretion, remove any user from the forums, or delete or suspend their Account, if we find a user is in breach of the posting guidelines.
(a) Despite anything to the contrary, to the maximum extent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including Services or the subject matter of the Terms) will be limited to, and must not exceed, the total amount of Fees you paid to us in the month in which the liability arose; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,
whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) injury or loss to any person;
(2) failure or delay in providing the Services including the Messaging Service;
(3) loss or damage you may suffer to your reputation or your entertainment career through the use of the Services; or
(4) breach of the Terms or any law,
where caused or contributed to by any:
(5) event or circumstance beyond our reasonable control; or
(6) act or omission of you or your related parties,
and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to the Services.
(c) Nothing in the Terms attempts to modify or exclude the conditions, warranties and undertakings, and other legal rights, under the Australian Consumer Law.
(d) You agree that any information contained on the Site and any materials provided with our Services (collectively Materials) are provided for general information purposes only and do not take into account your personal circumstances. The Materials are not intended to be advice. You are solely responsible for determining the suitability of our Services for your circumstances and your reliance on the Materials is at your own risk.
(e) You acknowledge and agree that:
(1) you use the Services and any associated programs and files at your own risk;
(2) we may use third-party service providers to host the Services. If the providers of third party applications or services cease to make their services or programs available on reasonable terms, we may cease providing any affected features without liability or entitling you to any refund, credit, or other compensation;
(3) the Services may use third party products, facilities or services. We do not make any warranty or representation in respect of the third-party products, facilities or services;
(4) we do not guarantee that any file or program available for download and/or execution from or via the Service is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used; and
(5) we may pursue any available equitable or other remedy against you if you breach any provision of these Terms.
(f) Despite anything to the contrary, to the maximum extent permitted by the law, you must indemnify us and hold us harmless from and against any loss, cost, liability or damage, howsoever arising, suffered or incurred by us and arising from or in connection with any claim relating to your use of the Services or any breach of these Terms by you.
(g) This clause will survive termination of the Account.
8 Intellectual property
(a) All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms and the Services) will at all times vest, or remain vested, in us.
(b) You must not, without our prior written consent:
(1) copy or use, in whole or in part, any of our intellectual property;
(2) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
(3) breach any intellectual property rights connected with the Site or the Services, including (without limitation) altering or modifying any of our intellectual property; causing any of any of our intellectual property to be framed or embedded in another website; or creating derivative works from any of our intellectual property.
9 User Content
(a) You may be permitted to post, upload, publish, submit or transmit relevant information and content (User Content) on our Site. By making available any User Content on or through our Site, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, sell, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of our Site.
(b) You agree that you are solely responsible for all User Content that you make available on or through our Site. You represent and warrant that:
(1) you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
(2) neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Site will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
(c) We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
(a) We may immediately suspend, terminate or limit your access to and use of the Site, your Account and the Services if you materially breach these Terms.
(b) You may stop using the Site and cancel your Account or Basic Membership at any time for any reason. If you wish to cancel your Premium Membership you must give us at least 30 days’ written notice [to the contact details set out below]. Your Premium Membership will be cancelled in the following Membership billing cycle if you do not give us at least 30 days’ written notice. To the extent permitted by law, there will be no refunds, (including where you do not give us 30 days’ written notice that you wish to cancel your Premium Membership).
(c) We may stop making the Site or Services (or any part of it) available without prior notice.
11 Collection Notice
(b) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers, professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information we may not be able to provide our services to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data, outside Australia.
(d) You acknowledge that the Services have online sharing forums and when you post your personal information on the Services you are providing us with this personal information and consenting to sharing this personal information with others for the purposes of providing you with the Services.
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms and Conditions without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms and Conditions must be in writing and addressed to us at the details set out below or to you at the details provided when setting up your account/submitting your order. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of email.
(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms and Conditions does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
(d) Relationship of parties: These Terms and Conditions are not intended to create a partnership, joint venture or agency relationship between the parties.
(e) Severance: If a provision of these Terms and Conditions is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms and Conditions without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(f) Assignment: You must not assign any rights or obligations under these Terms and Conditions, whether in whole or in part, without our prior written consent.
(g) Amendment: We may, at any time and at our discretion, vary these Terms and Conditions by publishing varied terms on the Site. Prior to placing an order, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any order that has been accepted by us, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you placed your order.
(h) Governing law: These Terms and Conditions are governed by the laws of Western Australia. The Site may be accessed in Australia and overseas. We make no representation that the Site complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Site from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Site.
For any questions and notices, please contact us at:
Precision Action Entertainment Pty Ltd ABN 83 167 497 252
Last update: 6 August 2018