Welcome to Altai Casting, a cloud-based, software service providing a complete, end-to-end casting experience.
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
· Your Subscription is subject to a minimum term of 1 month or 1 year, as set out in your Account. Without limiting your rights under the Australian Consumer Law, you may only cancel your Subscription at the expiry of the minimum term;
· Unless your Subscription is terminated in accordance with these Terms, your Subscription will roll over on an ongoing monthly basis;
· To the maximum extent permitted by law, the Subscription Fees are non-refundable;
· Our liability under these Terms is limited to us repaying you the amount of the Subscription Fees paid by you to us during the preceding 12 months of your Subscription, and we will not be liable for Consequential Loss;
· We will have no liability for results of any Identity Check, any aspect of the Casting Director and Agent interaction including the services offered by the Agent and Casting Director, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control; and
Nothing in these terms limit your rights under the Australian Consumer Law.
1.1 These terms and conditions (Terms) are entered into between Altai Studios Pty Ltd trading as Altai Casting ABN 50 640 520 823 (we, us or our) and you, together the Parties and each a Party.
1.2 We provide a platform where casting offices and production companies looking for talent (Casting Directors), talent agents with artists available to audition (Agents), and freelance artists (Artists) can connect to audition for casting briefs provided by Casting Directors (Platform).
1.3 In these Terms, you means (as applicable) the person or entity registered with us as either a Casting Director, Agent or Artist, the individual accessing or using the Platform, or where the person registered with us is less than 16 years old, their parent or guardian.
1.4 If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity’s personnel to these Terms.
2.1 You accept these Terms by checking the box, registering on the Platform, or using the Platform.
2.2 You must be at least 16 years old to use the Platform. If you are less than 16 years old, your Account must be managed by a parent or guardian.
2.3 We may amend these Terms at any time, by providing written notice to you. By accepting the amendment or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms in accordance with the “Cancellation of Subscriptions” clause.
2.4 If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
2.5 We may use third party APIs such as Vimeo. Your use of those APIs may be subject to Vimeo’s Additional Terms of Service.
2.6 Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
2.7 When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
(a) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
(b) using the Platform to defame, harass, threaten, menace or offend any person;
(c) using the Platform for unlawful purposes;
(d) interfering with any user of the Platform;
(e) tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
(f) using the Platform to send unsolicited electronic messages;
(g) using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
(h) facilitating or assisting a third party to do any of the above acts.
3.1 You must register on the Platform and create an account (Account) to access the Platform’s features.
3.2 You may only have 1 Account as an Agent, 1 Account as an Artist and 1 Account as a Casting Director on the Platform.
3.3 You must provide basic information when registering for an Account including your contact name, email address, mobile number, date of birth, gender and street address, and you must choose a password.
3.4 You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
3.5 Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
3.7 You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
3.8 You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
3.9 If you are an Agent or Casting Director, we will review your request for an Account before approving the request. We may request additional information, including your ABN, company name, IMDb profile, references and/or existing client list. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not suitable to be provided with the applicable Account, we may refuse to provide you with an Account, in our sole discretion.
3.10 We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.
3.11 When you create an Account, you must also select a subscription (Subscription). You may choose between different tiers of Subscription with different services and different subscription periods as set out on our Platform.
4.1 The Platform is a marketplace where Casting Directors can browse Agent and Actor profiles and provide them with casting briefs in order to undertake the audition process online. We provide the Platform to users (including hosting and maintaining the Platform), provide facilities for users to upload showreels, audition sides, scripts, briefs and contracts, allow users to communicate via messages and video conferencing and conduct live online or in person auditions (together the Altai Casting Services). You understand and agree that we only make available the Altai Casting Services. We are not party to any agreement entered into between a Casting Director, an Agent or an Artist and we have no control over the conduct of Agents, Casting Directors, Artists, or any other users of the Platform.
4.2 An Agent or Artist wanting to provide services creates an Account on the Platform and posts an accurate and complete description of the clients they can provide or themselves (Profile).
4.3 A Casting Director wanting to cast a role creates an Account on the Platform to view and browse Profiles in the directory.
4.4 A Casting Director may also post an accurate and complete description of the services they require through the Platform to select Agents (Casting Brief).
4.5 A Casting Director may also post an accurate and complete description of the services they require through the Platform to the Agents to provide Artists, or for Artists themselves, to audition for the role described in the casting call (Casting Call).
4.6 If an Agent desires to put forward an Artist, or an Artist desires to audition for a role in accordance with a Casting Brief or Casting Call, the Agent or the Artist will make a submission through the Platform detailing any additional information as necessary or as requested in a Casting Brief or Casting Call (Application).
4.7 A Casting Director may offer an audition based on a Profile or Application by sending a request through the Platform (Request). The Request is an offer from the Casting Director to the Agent to provide Artists, or for Artists themselves, to audition for the role described in the casting brief.
4.8 If the Agent or Artist accepts a Request through the Platform following the audition process, it becomes a Confirmed Booking.
4.9 By submitting to a Casting Brief or making an Application to a Casting Call, the Agent and/or the Artist confirms that it is legally entitled to and capable of supplying the services described in the Casting Brief and/or Casting Call.
5.1 We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
5.2 Casting Directors, Artists and Agents can communicate privately using our private messaging service or offline using the listed contact details once a Confirmed Booking has been made. Casting Directors, Artists and Agents must not use the contact details to organise the provision of any services off the Platform, or otherwise to attempt to circumvent the payment of Subscription Fees to us.
6.1 Your Subscription may begin with a free trial. The free trial period of your Subscription will last for the period specified on the Platform. We determine free trial eligibility in our sole discretion and we may limit eligibility to prevent free trial abuse. We reserve the right to revoke the free trial and suspend your Account at any time in the event that we determine that you are not eligible. If you do not pay the subscription fee for the Subscription you have chosen (Subscription Fee) at the end of the free trial period, your access to the Platform will finish at the end of the free trial. The date you make payment, your Subscription will start and the free trial will end.
6.2 If you purchase your Subscription on a monthly basis, there is no minimum term to your Subscription, and you may cancel your Subscription at any time in accordance with these Terms but the cancellation will only have effect from expiry of the monthly period for which you have paid the Subscription Fees.
6.3 If you purchase your Subscription on an annual basis, your Subscription is subject to a 12-month minimum term, as set out in your Account. Without limiting your rights under the Australian Consumer Law, you can cancel your Subscription at any time but the cancellation will only have effect from the expiry of the annual period for which you have paid the Subscription Fee.
6.4 Unless your Subscription is terminated in accordance with these Terms, your Subscription will roll over on an ongoing basis as set out in your Account, and you will be charged the same Subscription Fee each period as set out in your Account (Payment Date).
6.5 Changes to your Subscription: If you wish to change your Subscription (for example, by upgrading to a different Subscription tier), you must select the chosen tier through your Account at least 24 hours before the next Payment Date. If you vary your Subscription and the Subscription Fees increase, we agree to provide you with access to the additional Subscription features immediately, and you will be charged the increased Subscription Fees on a pro rata basis. If you downgrade your Subscription, we will immediately cease providing you access to the benefits of the higher tier and the decreased Subscription Fees will apply on the next Payment Date.
6.6 Cancellation of Subscriptions: You may request to cancel your Subscription at any time by notifying us via ‘cancel plan’ feature in your Account. Your cancellation will take effect from the next Payment Date or end of the minimum period (as applicable). If you cancel your Subscription because we have changed the Subscription inclusions and the change has a substantial and adverse impact on you, or we have changed the Subscription Fees, then the termination of the Subscription will be immediate, and we will refund you for any Subscription Fees that you have paid upfront but have not been used on a pro-rata basis.
6.7 To the extent permitted by law, the Subscription Fee is non-refundable and non-cancellable once paid.
6.8 We may need to change the Subscription (for example, the inclusions and exclusions) and Subscription Fee from time to time. If we change your Subscription or Subscription Fee, we will provide you with 30 days’ notice of the change. After 30 days, we will apply the new Subscription Fee to your existing payment details for all future Payment Dates, and your Subscription changes will take effect on the same date. If you do not agree with the new Subscription or Subscription Fee, you may cancel your Subscription in accordance with these terms.
7.1 As a Casting Director, you agree to pay all applicable fees for the provision of services to the relevant Artist or Agent.
7.2 The payment methods we offer for the Subscription Fees are set out on the Platform. We may offer payment through a third-party provider for example, PayPal, ZipPay, or Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
7.3 You must not pay, or attempt to pay the Subscription Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
7.4 You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
7.5 We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
8.1 If we choose to conduct identity verification or background checks on any Casting Director or Agent, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Casting Director or Agent or guarantee that a Casting Director or Agent will not engage in misconduct in the future. Any verification of the identity and information (Identity Check) of Agents on the Platform is not an endorsement or recommendation that the Agent is trustworthy or suitable. You should do your own due diligence before engaging an Agent or Casting Director.
8.2 You acknowledge and agree that (1) the Identity Check may not be fully accurate, as it is dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.
9.1 All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
9.2 We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
9.3 You must not, without our prior written consent:
(a) copy, in whole or in part, any of Our Intellectual Property;
(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
(c) breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
9.4 Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
(a) you do not assert that you are the owner of Our Intellectual Property;
(b) unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
(c) you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
(d) you comply with all other terms of these Terms.
9.5 This clause will survive the termination or expiry of these Terms.
10.1 You may be permitted to post, upload, publish, submit or transmit relevant information and content including showreels, briefs, scripts and contracts (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
10.2 If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, non-exclusive, transferable, royalty-free, non-sublicensable licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, transfer, communicate, access, or otherwise exploit such User Content on, through or by means of the Platform and our social media platforms, for the purpose of providing the Altai Casting Services. You may request that any of your User Content is removed from the Platform or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
10.3 You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:
(a) 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
(b) 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 Platform (including on social media) 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.
10.4 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.
10.5 This clause will survive the termination or expiry of these Terms.
11.1 You represent, warrant and agree that:
(a) you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
(b) there are no legal restrictions preventing you from entering into these Terms;
(c) all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
(d) where you are an Agent or Casting Director, you are responsible for complying with all laws, rules and regulations which apply to the services you provide; and
(e) where you are an Agent or Casting Director, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services.
12.1 Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
12.2 If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
12.3 As a Casting Director, the services provided by an Agent or Artist may also confer on you certain rights under the ACL.
12.4 This clause will survive the termination or expiry of these Terms.
13.1 Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
(a) the results of any Identity Check;
(b) any aspect of the Casting Director, Artist and Agent interaction including the services offered by the Agent or Artist, the Casting Brief or Casting Call provided by the Casting Director, any advice provided, the performance of any services; and
(c) any event outside of our reasonable control.
13.2 You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause (clause 2), the Confidentiality clause (clause 17), the Intellectual Property clause (clause 9) of these Terms and the Privacy clause (clause 18.8) of these Terms.
13.3 This clause will survive the termination or expiry of these Terms.
14.1 To the maximum extent permitted by law:
(a) neither Party will be liable for Consequential Loss;
(b) each Party’s liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party’s personnel, including any failure by that party to mitigate its losses; and
(c) our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Subscription Fees paid by you to us during the preceding 12 months of your Subscription.
14.2 This clause will survive the termination or expiry of these Terms.
15.1 These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
(a) the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 business days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
(b) the Defaulting Party is unable to pay its debts as they fall due.
15.2 Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
15.3 Upon expiry or termination of these Terms:
(a) we will remove your access to the Platform;
(b) we will immediately cease providing the Altai Casting Services;
(c) except as expressly set out in these Terms, you agree that to the maximum extent permitted by law, any payments made by you to us (including any Subscription Fees) are not refundable to you;
(d) where we terminate the Terms for any reason, you also agree to pay us our reasonable additional costs directly arising from such termination (including legal fees, debt collector fees and mercantile agent fees).
15.4 Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
15.5 This clause will survive the termination or expiry of these Terms.
16.1 To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
16.2 Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
16.3 If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
16.4 Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
16.5 Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party’s intellectual property rights.
16.6 You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
16.7 Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
16.8 You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
17.1 Each Receiving Party agrees:
(a) not to disclose the Confidential Information of the Disclosing Party to any third party;
(b) to use all reasonable endeavours to protect the Confidential Information of the Disclosing Party from any unauthorised disclosure; and
(c) to only use the Confidential Information of the Disclosing Party for the purposes for which it was disclosed or provided by the Disclosing Party, and not for any other purpose.
17.2 The obligations in clause 17.1 do not apply to Confidential Information that:
(a) is required to be disclosed in order for the Parties to comply with their obligations under these Terms;
(b) is authorised to be disclosed by the Disclosing Party;
(c) is in the public domain and/or is no longer confidential, except as a result of a breach of these Terms; or
(d) must be disclosed by Law or by a regulatory authority, including under subpoena.
17.3 Each Party agrees that monetary damages may not be an adequate remedy for a breach of this clause 17. A Party is entitled to seek an injunction, or any other remedy available at law or in equity, at its discretion, to protect itself from a breach (or continuing breach) of this clause 17.
17.4 This clause 17 will survive the termination of these Terms.
18.1 Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
18.2 Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
18.3 Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Casting Director and us, or an Agent and us, or an Artist and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Law Society of New South Wales to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
18.4 Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
18.5 Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
18.6 Governing law: These Terms are governed by the laws of New South Wales. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in New South Wales and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
18.7 Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. 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 transmission by email.
18.8 Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
18.9 Publicity: You agree that we may advertise or publicise the broad nature of our supply of the Altai Casting Services to you, including on our website or in our promotional material.
18.10 Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
18.11 Severance: If a provision of these Terms 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 without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
18.12 Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
19.1 Confidential Information includes information which:
(a) is disclosed to the Receiving Party in connection with these Terms at any time;
(b) is prepared or produced under or in connection with these Terms at any time;
(c) relates to the Disclosing Party’s business, assets or affairs;
(d) relates to the Disclosing Party’s personal information; or
(e) relates to the subject matter of, the terms of and/or any transactions contemplated by these Terms,
whether or not such information or documentation is reduced to a tangible form or marked in writing as “confidential”, and howsoever the Receiving Party receives that information.
19.2 Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of 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.
19.3 Disclosing Party means the party disclosing Confidential Information to the Receiving Party.
19.4 Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
19.5 Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
19.6 Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
19.7 Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
19.8 Receiving Party means the party receiving Confidential Information from the Disclosing Party.
For any questions or notices, please contact us at:
Altai Studios Pty Ltd ABN 50 640 520 823
Last update: 28 September 2022
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