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WEBSITE TERMS AND CONDITIONS

In these terms and conditions, “we” “us” and “our” refers to 2 XL Productions Pty Ltd trading as Gigstream Live and the service we provide at www.gigstreamlive.com.au, the Service.  Your contribution, access to and use of all information (“Content”) on this website is provided subject to these terms and conditions.

We reserve the right to amend this Notice at any time and your use of this website following any amendments will represent your agreement to be bound by these terms and conditions as amended.  We therefore recommend that each time you access our website you read these terms and conditions.

MEMBERS

1. To access the Service provided on this website, you must become a member. You must complete registration by providing certain information as set out on our membership/registration page. Please also refer to our Privacy Policy linked on our website for information relating to our collection, storage and use of the details you provide on registration.
2. You agree to ensure that your registration details, including your name and email address, are true and accurate at all times and you undertake to update your registration details from time to time when they change. If we become aware that either your name and/or email address is incorrect, we reserve the right to immediately cancel your registration and acceptance for registration in the future will be at our discretion.
3. On registration, we provide you with a password. On registration, you agree to pay for the Service as set out on our website.
4. We reserve the right to terminate your membership at any time if you breach these terms and conditions.

SHARED CONTENT

5. You are responsible for all and any Content you contribute to the Service. When you provide Content, you retain ownership of the intellectual property in that information however you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use (including copy, reproduce, adapt, modify, publish, broadcast, transmit, display, and distribute) the Content in all media including forms not yet developed.   This licence ends when you cease your membership except for Content which has already been released as part of the Service.
6. We reserve the right but will not have an obligation to remove or refuse to distribute any Content. We also reserve the right to adapt or modify your Content for any reason including for distribution purposes.
7. By posting Content on this website, you provide us with an undertaking that such Content does not infringe the rights of someone else and that it does not violate the law in any other way such as by being defamatory, being of racist content or is threatening.
8. As a member, you agree to indemnify and hold us harmless from any liability, claim, action, demand, loss, costs including legal costs on a full indemnity basis and expenses arising out of or in connection with any Content you provide.
9. To the extent permitted by law, you release and discharge us from any liability or claim arising out of any loss or damage that may be suffered or incurred as a result of your use of our Service.

SITE ACCESS

10. Access to our Service does not include the right to use any data mining robots or other extraction tools. Access also does not permit you to metatag or mirror our website without our prior written permission.  We reserve the right to serve you with notice if we become aware of your metatag or mirroring of our website.

HYPERLINKS

11. This website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website.  Any hyperlink on our website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.
12. You may link our website only with our consent. Any such linking will be entirely your responsibility and at your expense.  By linking, you must not alter any of our website’s contents including any intellectual property notices and you must not frame or reformat any of our pages, files, images, text, or other materials.

OUR WEBSITE SERVICES

13. Our services are provided to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
14. All prices are in Australian Dollars (AUD) and are inclusive of GST. We endeavour to ensure that our price list is current.  Our price list can be accessed on request, and we reserve the right to amend our prices at any time.  If you have placed an order, we reserve the right to cancel your order should our prices change.

PRODUCT DESCRIPTIONS

15. We strive to ensure that our products are described as accurately as possible on our website, however we do not warrant that the description is accurate. Where we become aware of any misdescription, we reserve the right to correct any error or omission.
16. Images have been provided for illustrative purposes only and we do not guarantee that any image will reproduce in true colour nor that any given image will reflect or portray the full design or options relating to that product.

PRODUCT ORDERS

17. Our products are for sale to adults over the age of eighteen (18) years. By proceeding to purchase through our website, you acknowledge that you are over 18 years of age.
18. We endeavour to ensure that our product list is current however we give no undertaking as to the availability of any product advertised on our website.
19. All prices are in Australian Dollars (AUD) and are inclusive of GST. Our price list can be accessed on request, and we reserve the right to amend our prices at any time.
20. Packaging and postage are an additional charge, calculated at time of purchase.
21. When you order from us, we require you to provide your name, address for delivery, your email address, telephone contact and credit card details. We undertake to take due care with this information; however, in providing us with such information you accept that we are not liable for its misuse due to error in transmission or virus or malware.
22. We undertake to accept or reject your order within 14 days. If we have not responded to you within 14 days, your offer is deemed to be rejected.  We are not required to give reasons for rejecting your offer to purchase however the most likely reason for rejecting your offer will be that we do not currently have that product in available.
23. Once you have submitted an order, you may not cancel that order even if our acceptance or rejection of your offer is still pending.
24. Delivery of your ordered product/s will be as set out on our website. Our terms of payment are set out on the order page.
25. All risk of loss or interruption passes to you when we stream the service.

ORDER CANCELLATION DUE TO ERROR

26. Where a product has been listed at the incorrect price or with incorrect descriptive information or a similar oversight, we reserve the right to cancel a transaction. Where your credit card has been charged, we will immediately refund your credit card for the total amount debited.

PRODUCT RETURNS

27. This is a streaming service, and the stock will be deleted if the service is cancelled

REFUND POLICY

28. In the event of the customer purchasing a ticket to the wrong show, or purchasing the incorrect ticket type to the show,  or being unwell a refund or ticket transfer will be at the discretion of the Gig Alliance management after consultation with the promoter.
29. If a show is cancelled for any reason, including due to NSW Health regulations relating to Covid19, tickets will be automatically refunded to the account of purchase within 30 days of the show date, minus the Booking Fee.
30. In the event of a show being postponed to a later date, tickets will still be valid.

INTELECTUAL PROPERTY RIGHTS

31. The copyright to all content on this website including applets, graphics, images, layouts, and text belongs to us or we have a licence to use those materials.
32. All trademarks, brands and logos generally identified either with the symbols TM or ® which are used on this website are either owned by us or we have a licence to use them. Your access to our website does not license you to use those marks in any commercial way without our prior written permission.
33. Any comment, feedback, idea, or suggestion (called “Comments”) which you provide to us through this website becomes our property. If in future we use your Comments in promoting our website or in any other way, we will not be liable for any similarities which may appear from such use.  Furthermore, you agree that we are entitled to use your Comments for any commercial or non-commercial purpose without compensation to you or to any other person who has transmitted your Comments.
34. If you provide us with Comments, you acknowledge that you are responsible for the content of such material including its legality, originality, and copyright.

DISCLAIMERS

35. Whilst we take all due care in providing our services, we do not provide any warranty either express or implied including without limitation warranties of merchantability or fitness for a particular purpose.
36. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is excluded.
37. We also take all due care in ensuring that our website is free of any virus, worm, Trojan horse and/or malware, however we are not responsible for any damage to your computer system which arises in connection with your use of our website or any linked website.
38. From time to time, we may host third party content on our website such as advertisements and endorsements belonging to other traders. Responsibility for the content of such material rests with the owners of that material and we are not responsible for any errors or omissions in such material.

LIMITATION OF LIABILITY

39. To the full extent permitted by law, our liability for breach of an implied warranty or condition is limited to the supply of the Service again or payment of the costs of having those services supplied again.
40. We accept no liability for any loss whatsoever including consequential loss suffered by you arising from services we have supplied.
41. Any technical fault from 3^rdparty services is non-refundable

INDEMNITY

42. By accessing our website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs, and expenses including legal fees arising from or in connection with your use of our website.

JURISDICTION

43. These terms and conditions are to be governed by and construed in accordance with the laws of NSW and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in NSW and you agree to submit to the jurisdiction of those Courts.
44. If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed, or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.

PRIVACY

45. We undertake to take all due care with any information which you may provide to us when accessing our website. However, we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.
46. Our compliance with privacy legislation is set out in our separate Privacy Policy which may be accessed from our website.

COMPETITIONS

46. By entering any competitions on this website you are agreeing to be contacted by Gig-Alliance / Gigstream Live including the artist whose competition you have signed up for in marketing and email promotions.
47. By entering any competitions you are agreeing to registration and membership of this website.

EMAIL

48. By registering you agree to be contacted via email in matters related to your account, purchases and promotions from Gig Alliance.

INDEMNITY

49. By submitting the content described above (“Customer Supplied Content”) , and this Signed Submittal Form, you the (“Customer”) represent and agree with “2 XL Productions trading as Gig Alliance / GigStream Live” To the following:

    1. The functionality and suitability of the Customer Supplied Content has been completely Verified prior to submittal to 2 XL Productions trading as Gig Alliance /GigStream Live, and you found the content acceptable In all respects, and you are releasing this Customer Supplied Content to 2 XL Productions trading as Gig Alliance /GigStream Live for streaming services.
    2. Customer represents and warrants that they possess the legal right and authority to have 2 XL Productions trading as Gig Alliance /GigStream Live, at no cost or liability to 2 XL Productions trading as Gig Alliance /GigStream Live, process, modify, produce, duplicate, and /or replicate, Stream online, for sale and /or distribution to third parties, the Customer Supplied Content, without infringing on any trademark, copyright, contract, property right, or any other third party rights of any kind, whether statutory, legal, or equitable.
    3. Customer will indemnify and hold harmless 2 XL Productions trading as Gig Alliance /GigStream Live and its directors, officers, and Employees from any loss, claim, liability, and expense (including reasonable attorney’s fees and other litigation expenses) with respect to claims by any third party that the products and services provided by 2 XL Productions trading as Gig Alliance /GigStream Live, as contemplated herein, infringes any copyright, trademark, proprietary right, or any other right of any third party.

     

    Customer will indemnify and hold harmless 2 XL Productions trading as Gig Alliance /GigStream Live and its directors, officers, agents and Employees from any loss, claim, liability, and expenses with respect to claims of third parties arising from wrongful disclosure of information to 2 XL Productions trading as Gig Stream Live