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Terms of Use
ESSENTIAL CREW TERMS AND CONDITIONS


ESSENTIAL CREW TERMS OF USE

Please read these terms carefully before using or accessing this site. By using or accessing the site, you agree to be bound by these terms. Essential Crew may amend these terms at any time and all amendments will take effect immediately on posting of the amended terms. You should also refer to the privacy policy for users.

AGREEMENT BETWEEN USER AND ESSENTIAL CREW

This website is offered to you and conditional on your acceptance without modification of the terms, conditions and notices contained in these terms and conditions. Your use of the website and the services accessed via this website constitutes your agreement to all the terms and conditions, our Privacy Policy as well as any notices or other terms and conditions or disclaimers that we may place on the site relating to your use of this site.

MODIFICATION OF THESE TERMS OF USE

Essential Crew reserve the right to change these terms and conditions of use at any time. You are responsible for regularly reviewing these terms and conditions and any additional terms posted on this website. Your continued use of this website constitutes your agreement to all the terms and conditions whether original, modified or substituted.

MODIFY SERVICES

Essential Crew may modify, suspend, discontinue or expand the extent of the services provided on this site at any time in its absolute discretion.

USE OF INFORMATION

Any information published in the login section on this site is intended to be used by you for your personal use only. It is your responsibility to check the accuracy of all information. Essential Crew will not be liable to you for any decision made or action taken by you relying on any information you obtain from this site.

You may not modify, copy, duplicate, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or otherwise exploit for any commercial purposes any information, software, products or services obtained from the Essential Crew website or the services offered on this website without the prior consent of Essential Crew. This clause does not apply when a production company downloads and copies or prints information relating to a crew member appearing on this site.

LOGIN – USER NAME AND PASSWORD

The user name and password issued is each person, firm or company ("person") is confidential to that person and for their sole use. You must not release your user name or password to any third party (whether another agent, booking agent, company or crew member) without the prior written consent of Essential Crew which may be given or withheld in the total discretion of Essential Crew.

You are responsible for maintaining the confidentiality and security of your user name and password. You are wholly responsible for all activities that occur under your user name and password. You agree to immediately notify Essential Crew of any unauthorised use of your user member name or password. You must ensure that you exit from your Essential Crew account at the end of each session.

If there is a breach of this condition, then you will be liable to Essential Crew for all damages, costs, expenses including legal costs on a full indemnity basis incurred by Essential Crew arising directly or indirectly out of your breach of the condition.

CHARGES AND PAYMENT TERMS

The use of the crew log in area of the website is included in the monthly charges of crew members and all charges are payable in advance. Current charges may be obtained on request by crew members from Essential Crew. Essential Crew reserves the right to change the charges and payment terms at any time. All prices quoted are GST inclusive. The website and production company log in area is a free service for production companies and clients.


CREW MEMBER REGISTRATION

Essential Crew takes on crew members at the sole discretion of Essential Crew. When registering as a crew member you must provide us with accurate, complete and up-to- date information as requested. It is your responsibility to inform us of any changes to that information. You may do this at any time by accessing your account details.

As a crew member, you are permitted to display your personal information and curriculum vitae and/or equipment list and/or website links on our website which will also be distributed to clients. By consenting to being listed on the website as a crew member and by using your login and password you give your consent to the distribution of that information to production companies and our other clients. If you provide us with a copy of your curriculum vitae or if one is uploaded on your log in then you consent to our publishing that curriculum vitae online. If you do not want the information to be published then you must inform Essential Crew in writing.

CONTENT

Any images, sounds, or text (Content) that you transmit or post on this website, or otherwise transmit to any other use of the website by any other means, must be complete and accurate. You agree not to post or transmit on this website Essential Crew, or otherwise transmit to any other user of the website by any other means, Content that:

(a)is unlawful, obscene, defamatory, indecent, offensive or inappropriate;
(b)is false or misleading in any way;
(c)infringes the rights of any third party;
(d)you do not have a right to make available under any law or contractual obligation;
(e)contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware.

You are solely responsible for Content that you transmit or post on this website, or otherwise transmit to Essential Crew by any other means.
Essential Crew is not responsible for, and accept no liability with respect to, any Content transmitted or posted on this website, by any person.
We reserve the right, but have no obligation, to review Content posted on the Essential Crew website. Without limiting your responsibilities under these terms and conditions, we reserve the right to modify and/or remove any Content that, in our opinion, violates these terms and conditions or otherwise has the potential to harm, endanger or violate the rights of any person.

ACCURACY OF INFORMATION AND DISCLAIMER

Crew information appearing on this website is entered by the individual crew member. Essential Crew does not warrant that the information is true and correct or will remain as published on this site for any set period of time. You acknowledge that Essential Crew has no control whatsoever on the crew information or the updating of that information or the frequency of those changes. Listing of information under any specific category on the web site is controlled by Essential Crew and no crew member will be able to change that category.

Booking information or requests appearing on this site are entered or requested by production companies. Essential Crew does not warrant that the information appearing in the booking request is true and correct or will remain as published on this site for any set period of time. Essential Crew does not warrant the availability of any work arising out of any booking request and takes no responsibility to ensure that any crew member is paid by the production company or any other person. Payment of a crew member must be arranged direct between the production company and the crew member.

It is the responsibility of each crew member and each production company to arrange terms of engagement between themselves.

Use of information from the Essential Crew site is at your own risk. Essential Crew is not responsible for any consequences arising from the use of the information.

Essential Crew believes that the information published on this site is accurate and reliable but gives no warranty as to the accuracy or reliability particularly taking into account that information is entered on the site by third parties. You acknowledge that because the information is entered by third parties, it is possible for errors to be made in the collection or transmission of the information.

Essential Crew does not warrant that access to the site will be uninterrupted or error-free or that defects will be corrected.

Essential Crew does not guarantee that any file available for downloading though this site will be free of infection or viruses, worms or any other program that may result in contamination or destruction. You are responsible to make sure that you have installed on your system all appropriate virus protection software and fire walls.

COPYRIGHT

Essential Crew is the owner of the copyright is all material on this site. The site is owned and operated by Essential Crew and is protected by Australian and international copyright and trademark laws.

Except as authorised by these terms and conditions in regard to production companies, you must not modify, copy, republish, upload to a third party, post, transmit or distribute the content of this site in any way unless you have the prior written authority of Essential Crew.

You must not use this site in any manner or for any purpose which is unlawful or which may violate any rights of Essential Crew or its advertisers.

Some of the trademarks on this site are owned by third parties and are used with the consent of those parties. If you are able to download any trademark from this site, whether owned by Essential Crew or by a third party, then you may only do so with the prior written consent of the owner of the trademark.

LIMITATION OF LIABILITY

The Trade Practices Act and State Fair Trading Acts in Australia may give you some rights and remedies in relation to the provision of goods or services which cannot be excluded, restricted or modified. Essential Crew does not exclude any or those rights but does exclude all other conditions or warranties whether express or implied by any custom, law or statute.

To the extent permitted by law:

(a)The content of this site is provided as is and without warranties of any kind.
(b)Essential Crew expressly disclaims all warranties including those relating to merchantability or fitness for purpose;
(c)Essential Crew does not warrant your access will be uninterrupted
(d)Essential Crew gives no warranty or guarantee as to the results of your access to the site;
(e)You assume the cost of any verification, maintenance or repair necessary to make use of any information from this site or which may result because of information obtained from this site.

Under no circumstances will Essential Crew be liable for any loss whatsoever that you might suffer because of any use or access to this site.

Essential Crew’s liability for breach of any implied warranty or condition which cannot be excluded by law, is limited to the full extent of the law to the following:

(a)in the case of services – to the supply of the services again or the payment of the cost of having the services supplied again; or
(b)in the case of goods supplied by Essential Crew – the replacement of the goods, the supply of equivalent goods, the repair of the goods, the payment of the cost of the goods, or the payment of the cost of having the goods repaired.

LINKS TO THIRD PARTY SITES OR SERVICES

This site contains links to sites of third parties. Those sites are not under the control of Essential Crew and Essential Crew is not responsible in any way for the contents of any linked site. The links are provided for your convenience only and the existence of the link does not imply any endorsement of the linked site by Essential Crew. Any link by you to a third party’s site is done at your own risk.

Essential Crew is not responsible for webcasting or any other form of transmission received from any linked site.

This site also contains advertisements for third parties (including banner ads or other types of advertisements). Those advertisements may also contain links to other sites controlled by third parties. Any third party pays for its advertising on this site and Essential Crew does not recommend or endorse any products or services offered by its advertisers. You must check with the advertiser for information about products or services offered.

Essential Crew does not endorse any offers made by any third parties and Essential Crew is not a party to the making of the offer. The third party advertiser is solely responsible to you for the offer and for any goods and services you purchase from them.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this website, you must not use the web site or the services available through this site for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the website in any manner which could damage, disable, overburden or impair any of the services offered through the site or interfere with any other party's use and enjoyment of any of our services. You must not attempt to gain unauthorised access to any Essential Crew services, computer systems, or networks connection to any Essential Crew services, through hacking, password mining or any other means, You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the website.

TERMINATION

Essential Crew may terminate your access to this site at any time without notice. If it does so, you will no longer be authorised to access the site but the contents of these terms of use will still apply.

INDEMNITY

Essential Crew relies on you observing these terms at all times. You agree to indemnify and hold Essential Crew and its officers and employees harmless from any claims of any nature whatsoever (including legal costs on a full indemnity basis) by any third party arising out of or in connection with your use of this site. The indemnity is this clause extends to and covers your breach of these terms.

RIGHTS TO USE INFORMATION YOU SEND US

If you send any information to use whether by email or in any other form, then we have the right to reproduce, distribute, transmit, create derivative works of or publicly display any materials or other information that you submit. This right extends to any ideas you might send us in regard to new or improved products or services.

GENERAL

These terms are covered by the law in force in the State of Queensland and the parties are to submit to the non-exclusive jurisdiction of the courts of Queensland.

If any of these terms is held by any court to be invalid, the remaining terms will remain in full force and effect.

All rights not expressly granted in these terms are reserved by Essential Crew.

No partnership, joint venture, employment or agency relationship (except as specifically provided) exists between you and Essential Crew as a result of these terms and conditions or your use of this website.

NEWSLETTER

Crew members agree that their personal information may be used for the purposes of Essential Crew sending them each month a newsletter. The contents of the newsletter will be sourced by Essential Crew from various third parties and is provided to the crew member for information purposes. Whilst every care is taken in the compilation of the newsletter, no responsibility is accepted if any information appearing in the newsletter is not true, correct or accurate in every respect. Each crew member should carry out their own investigations before relying on information in the newsletter.

A crew member must not disseminate, copy, or show the newsletter to any person who is not a crew member of Essential Crew.



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