WEBSITE TERMS AND CONDITIONS

1. Agreement

(a) This website and its related services (together the “Website”) are provided by Savvy Creative Productions Pty Ltd ABN 11083741357 (“we” or “us”).

(b) The Website operates provide resources for people working in creative industries to provide general information and advice to empower them to run their businesses more successfully. The services provided through the Website are the “Services” for the purposes of this Agreement.

(c) Please note that the Services provide general information only and do not amount to the provision of financial advice. The Services do take into account your objectives, financial situation or goals. Before acting on any information, you should consider the appropriateness of the information provided having regard to your objectives, financial situation and goals.

(d) The Agreement governs your use of the Website.

(e) We take your privacy seriously. So, any personal information we collect in relation to you is governed by our Privacy Policy. Our Privacy Policy sets out how we may collect, store and disclose your personal information.

(e) By accepting this Agreement and/or utilising the Website, you agree that:

(i) this Agreement forms a binding agreement between you and us; and

(ii) you consent to the terms of our Privacy Policy.

2. Access to the Website

(a) You may use the Website as follows:

(i) by registering to become a member (“Member”) to become eligible access all the Services; and/or

(ii) without registering and using those elements of the Website available to non-members.

(b) If you do not register to become a Member, you may elect to receive communications from us for free by providing us with your contact details. This information will be used by us in accordance with our Privacy Policy.

(c) You must not:

(i) use any false information, including, a false identity to become a Member;

(ii) register to become a Member if we have previously cancelled your Membership or banned you from using any aspect of the Website;

(iii) change or attempt to change any other person’s Member information; and/or

(iv) do anything that could jeopardise the security of the Website.

(d) You must:

(i) provide accurate and complete information when registering to become a Member including, without limitation, accurate information in relation to your profile:

(ii) update all of your Member details regularly;

(iii) keep your login and password details confidential; and

(iv) immediately notify us if you become aware of any unauthorised access to or use of your Membership in breach of this Agreement.

(e) You acknowledge that:

(i) you are responsible for all use of your log-in and password details whether authorised or not:

(ii) we may at any time cancel a username, login details or password with respect to your use of the Website at any time if we consider that such username, login details or password are offensive or infringe on any third party’s rights; and

(iii) we may refuse your application for Membership or cancel your Membership at any time in our absolute discretion if we consider that your Membership is detrimental to us or any other users of the Website including, without limitation if:

(A) your application for Membership is inaccurate, fraudulent or inappropriate;

(B) you engage in any conduct which disparages us or any other users of the Website.

3. Use of the Website

(a) Subject to the terms of this Agreement, we grant you a non-exclusive, revocable, limited licence to use the Website via the media and on the devices for which the Website were developed for the purposes for which the Website are intended. In this regard, the Website is intended to provide you with general information and resources to assist you to run your creative business more successfully.

(b) You must not:

(i) use the Website for any purpose other than the purposes contemplated by paragraph (a) above;

(ii) engage in any illegal, unethical or immoral conduct using the Website;

(iii) transfer, assign or license your Membership or any benefits associated with it to any person;

(iv) engage in any activity through the use of the Website:

• to mine or collect information or data from the Website, users of the Website or information in transit to and from the Website;

• to bypass any of the Website’s features including any features designed to exclude robots, spiders or scraping applications;

• to manipulate, damage, interfere with or impair the functionality of the Website or any other computer systems or networks (including, without limitation, by way of hacking, uploading of harmful code, using cheats, exploits, automation software, bots or similar software);

• that we consider to be in conflict with the spirit or intent of the Website;

• that is in breach of any applicable law or any third party’s rights;

• to disrupt, overburden or assist in such disruption or overburdening of any computer server or network (including, without limitation, those used to provide the Website);

• that is likely to harass, abuse, harm, threaten any person or group of persons (including, without limitation, any activity that degrades a person based on their religion, gender, age or sexuality) or incites or is likely to incite any such activity; and/or

• that is misleading or deceptive or is intended to mislead or deceive any person.

(c) You must:

(i) use the Website at all times in compliance with this Agreement and any reasonable directions given by us from time to time; and

(ii) immediately report to us any conduct that you consider could be misuse of the Website (Contact Us).

4. Website Guidelines

(a) In relation to the providing of any content whatsoever by you through the Website, including, without limitation, the content of your profile, any information you provide in relation to the Services and/or services you provide and any comments you may provide (together “Your Content”):

(i) all content must be respectful;

(ii) you must not post content which attacks or abuses any person (including, without limitation, any content that could be considered to be “trolling”);

(iii) no comment should include any person’s personal information (see our Privacy Policy in relation to what is meant by personal information);

(iv) the content must not include any content that infringes any third party’s rights (including, without limitation, intellectual property rights), is defamatory, obscene, offensive, discriminatory, incites hatred, depicts tobacco products, alcohol, violence, sexual content of any nature, makes therapeutic claims or which we in our absolute discretion consider to be inappropriate or content that contains links to any of the material referred to in this subparagraph;

(v) we may remove any content in our absolute discretion without liability to you;

(vi) Your Content must not include anything that is misleading or deceptive or which defamatory.

(b) You hereby grant us a non-exclusive, irrevocable, perpetual, royalty and fee free, unlimited licence (including the right to sub-license) to adapt, modify, communicate, exploit (in any manner) and use Your Content in connection with the development, marketing, promotion and provision of the Website or any of our other business activities.

(c) To the maximum extent permitted by applicable law, you hereby waive your moral rights (if any) in and to Your Content. To the extent that applicable law does not permit the waiver of moral rights, you hereby consent to us and our licensees and contractors undertaking all necessary alternations to Your Content and/or failing to attribute Your Content to you as is necessary for the operation of the Website.

(d) You warrant and represent that:

(i) you have the right to use Your Content in connection with the Website;

(ii) to the extent that it is relevant, you have obtained appropriate consents and releases from the creator of Your Content (including, if the creator is a child, obtaining consents and releases from the parent or guardian of the child);

(iii) your use and/or our use of Your Content in as contemplated by this Agreement will not:

• breach any applicable laws or regulations;

• infringe any third party’s intellectual property or other rights;

(iv) Your Content is accurate and not misleading or deceptive and does not defame any person;

(v) Your Content is free from viruses or any form of harmful or malicious code;

(vi) you understand that any personal information relating to you contained in Your Content will be dealt with in accordance with our Privacy Policy.

(e) YOU INDEMNIFY AND MUST KEEP INDEMNIFIED, US, OUR RELATED COMPANIES, THEIR DIRECTORS, OFFICERS AND EMPLOYEES (TOGETHER “THOSE INDEMNIFIED”) AGAINST ANY CLAIMS, LOSSES, LIABILITY, COSTS (INCLUDING LEGAL FEES AND EXPENSES) INCURRED BY THOSE INDEMNIFIED ARISING OUT OF OR RELATED TO ANY BREACH BY YOU OF THE WARRANTIES YOU GIVE UNDER CLAUSE 4(D) ABOVE.

5. Intellectual Property Rights

(a) Other than in respect of Your Content, all Intellectual Property Rights in relation to the Website are owned by us or our licensors. The term “Intellectual Property Rights” means all rights in or to any patent, copyright, moral rights, database rights, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, domain name, company name, eligible layout right, chip topography right and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary, or artistic fields whether registrable or not and whenever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights.

(b) You must not exercise any of our or our licensor’s Intellectual Property Rights for any purpose other than your use of the Website in accordance with these terms and conditions.

6. Fees and Payment

If you elect to purchase any of the goods or services offered through the Website you must pay the relevant fees in accordance with the payment terms set out on the Website.

7. Termination and Suspension

(a) We may with immediate effect terminate, suspend, limit, delete or modify your Membership we in our sole discretion consider that:

(i) you have or may have breached or are likely to breach this Agreement;

(ii) you have or may have engaged or are likely to engage in any activity that is likely to have an adverse impact on any person, us or our related companies or the Website;

(iii) you have or may have infringed or are likely to infringe any third party’s intellectual property or other rights; and/or

(iv) you have or may have engaged in or are likely to engage in activities which could give rise to our liability or which we consider to be inconsistent with our philosophy in relation to the Website.

8. Confidentiality and Disclosures

(a) You acknowledge that:

(i) elements of the Services may permit you to share information and ideas with other users of the Services;

(ii) we have no obligation to keep such information and ideas confidential or keep, respond, use or compensate you for them; and

(iii) we and/or other users of the Services may use and exploit the information and ideas you share.

(b) We may access and monitor for the purposes of providing the Services any content, information and/or data contained in Your Content, your communications with other users of the Services and any other materials provided by you via the Services. We may disclose such content, information and/or data:

(i) if we consider it is required to make such disclosure by applicable law (including in respect of legal proceedings);

(ii) if we consider that the Services are being used to commit a crime or infringe a party’s rights;

(iii) for the purposes of taking steps against fraud;

(iv) in the case of an emergency that poses or may pose a threat to property or to any person or child’s heath or wellbeing;

(v) to protect our rights; and/or

(vi) to limit our liability.

9. LIMITATION OF LIABILITY AND IDEMNITY

(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(i) WE MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER TO YOU;

(ii) WE HEREBY EXCLUDE ALL REPRESENTATIONS, WARRANTIES, TERMS AND CONDITIONS WHETHER EXPRESS OR IMPLIED (AND INCLUDING WITHOUT LIMITATION, THOSE IMPLIED BY STATUTE, CUSTOM, LAW OR OTHERWISE);

(iii) OUR CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS MADE BY YOU UNDER OR IN RELATION TO THIS AGREEMENT, THE PRIVACY POLICY OR YOUR USE OF THE SERVICES WILL NOT EXCEED IN AGGREGATE THE AMOUNT ACTUALLY DUE TO BE PAID BY YOU IN RELATION TO THE PROVISION BY US OF THE SERVICES;

(iv) WE WILL NOT BE LIABLE TO YOU IN RESPECT OF ANY CLAIM FOR ANY LOSS OF PROFIT, DATA, GOODWILL OR BUSINESS, FOR INTERRUPTION TO BUSINESS, FOR ANY FAILURE TO REALISE ANTICIPATED SAVINGS OR FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL PUNITIVE OR INCIDENTAL DAMAGES.

(b) CERTAIN LEGISLATION MAY IMPLY WARRANTIES OR CONDITIONS OR IMPOSE OBLIGATIONS WHICH CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED EXCEPT TO A LIMITED EXTENT. THIS AGREEMENT AND THE PRIVACY POLICY MUST BE READ SUBJECT TO THOSE STATUTORY PROVISIONS. IF THOSE STATUTORY PROVISIONS APPLY, TO THE EXTENT TO WHICH WE ARE ENTITLED TO DO SO, WE LIMIT OUR LIABILITY IN RESPECT OF ANY CLAIM TO, AT OUR OPTION:

(i) IN RELATION TO SERVICES:

(A) THE SUPPLY OF THE SERVICES AGAIN;

(B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN; AND

(ii) IN RELATION TO GOODS:

(A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OR EQUIVALENT GOODS;

(B) THE REPAIR OF THE GOODS;

(C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; OR

(D) THE PAYMENT OF HAVING THE GOODS REPAIRED.

10. General

(a) We may assign the benefit of this Agreement and Privacy Policy to any person without your consent. You may only assign this Agreement and Privacy Policy or a right under them with our prior written consent that may be withheld or granted in our absolute discretion.

(b) This Agreement and Privacy Policy constitute the entire agreement between the parties in connection with their subject matter and supersedes all previous agreements or understandings between the parties in connection with its subject matter.

(c) If the whole or any part of a provision of this Agreement and Privacy Policy is invalid or unenforceable in a jurisdiction it must, if possible, be read down for the purposes of that jurisdiction so as to be valid and enforceable. If however, the whole or any part of a provision of this Agreement and Privacy Policy is not capable of being read down, it is severed to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement and Privacy Policy or affecting the validity or enforceability of that provision in any other jurisdiction.

(d) A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise by a party of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.

(e) This Agreement and Privacy Policy do not create a relationship of employment, trust, agency or partnership between the parties.

(f) The provisions of Clauses 4, 5, 7, 8, 9 and this Clause 10 will survive termination or expiry of this Agreement and Privacy Policy and will continue to bind the parties.

(g) YOU IRREVOCABLY WAIVE YOUR RIGHT TO SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF TO RESTRAIN THE OPERATION OF ANY ELEMENT OF THE SERVICES AND YOU AGREE TO LIMIT YOUR CLAIMS AGAINST US TO CLAIMS FOR MONETARY DAMAGES.

(h) We will have no liability to you for a failure by us to perform our obligations to you due to any causes outside of our reasonable control including acts of God, epidemics, restraints imposed by governments, war, acts of terrorism, riots, fire, change in laws or failure of infrastructure.

(i) This Agreement and the Privacy Policy will be governed by and construed in accordance with the law for the time being in force in New South Wales, Australia and the parties, are deemed to have submitted to the non-exclusive jurisdiction of the courts of that State.