air events global Pty Ltd: Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.
Your use of our Service is evidence of acceptance of these Terms of Service.
Last updated: November 2016
A. INTRODUCING AIR EVENTS GLOBAL
WHO WE ARE
Key words and terms used in these Terms are defined below.
WHAT WE DO
air events global provides an online platform that connects allows users to connect and perform business and personal services and outsource jobs through the Air Services Global Shared Economy website (collectively, the “Services”), which Services are accessible at https://www.aireventsglobal.com and any other websites through which air events global makes the Services available (collectively, the “Site”) and as applications for mobile devices (the “Application”).
If you sign up as a Freelancer or Client then you are a Member for the purposes of these Terms.
WHAT WE DO NOT DO
air events global does not perform jobs and does it not employ individuals or companies to perform jobs. We:
do not supervise or direct work;
do not make recommendations;
do not have any control over quality, timing, accuracy, legality, suitability, skills, qualifications, reliability; costs, ability to provide, or workmanship related to the work and, save for requesting compliance with the obligations set out in these terms do not have any control over the Freelances or the Clients;
do not make an representations as to any of the above matters;
do not do identification or verification checks on Freelancers or Clients;
do not accept any responsibility of the cost or the work, or any Tax matters that arise from that provision of the work; and
do not accept responsibility for any aspect of the work, any defects or problems with the work; or the failure of a person to do the work on time or at all.
We simply provide the electronic platform for connections to be made between the provider of services and the potential user of those services
air events global cannot and does not control the content contained in Member posting which are facilitated by air events global. air events global is not responsible for and disclaims any and all liability related to the services provided by a Member. Any service will be provided and accepted at the Member’s own risk.
You understand and agree that air events global is not a party to any agreements entered into between Freelancers and Clients, nor is air events global an agent, employer or contractor. air events global has no control over the conduct of Freelancers, Clients and other users of the Site and Application, and disclaims all liability in this regard to the maximum extent permitted by law.
B. JOINING AIR EVENTS GLOBAL
The Site and Application are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
In order to access certain features of the Site and Application, and to become a Freelancer or Client, you must register to create an account (“air events global Account”) and become a Member. Only individuals can be members. You may register to join as a Member directly via the Site or Application or as described in this section.
You may also register to join by logging into your account with certain third-party social networking sites (“SNS”) (including, but not limited to, Facebook; each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site and Application, you may link your air events global Account with Third-Party Accounts, by either:
(i) providing your Third-Party Account login information to air events global through the Site, or Application; or
(ii) allowing air events global to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to air events global and/or grant air events global access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating air events global to pay any fees or making air events global subject to any usage limitations imposed by such third-party service providers.
By granting air events global access to any Third-Party Accounts, you understand that air events global will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Site and Application via your air events global Account and air events global Account profile page.
All SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. air events global is not responsible for any SNS Content.
You have the ability to disable the connection between your air events global Account and your Third-Party Accounts, at any time, by accessing the settings section of the Site and Application.
Your relationship with any Third-Party service providers is governed solely by your agreement(s) with such Third-Party service providers.
Your air events global Account and your air events global Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active air events global Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your air events global Account, whether or not you have authorised such activities or actions. You will immediately notify air events global of any unauthorised use of your air events global Account.
VETTING AND IDENTIFICATION
There is no obligation on air events global to take any steps to identify or vet Members, however, air events global may seek to undertake criminal background, and other verification checks in its discretion. Members hereby give consent to air events global to conduct such background checks.
By creating an air events global Account, you agree that air events global may send you informational text (SMS) messages as part of the normal business operation of your use of the Services, Site and Application. You may opt-out of receiving text (SMS) messages at any time. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services, Site and Application.
C. RESPONSIBILITY AS AN AIR EVENTS GLOBAL MEMBER
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Application, you hereby grant to air events global a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content by means of or to promote or market the Site and Application. air events global does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Application. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Application or you have all rights, licenses, consents and releases that are necessary to grant to air events global the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or air events global’ s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You understand and agree that you are solely responsible for your own acts and omissions and compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site and Application and Collective Content.
You are solely responsible for all of your communications and interactions with other users of the Site, Application or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Application including, but not limited to, any Freelancers or Clients.
air events global has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
You acknowledge that air events global has no obligation to monitor your access to or use of the Site and Application or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Application (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. air events global reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that air events global, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or hinder its provision of the Services.
Members agree to cooperate with and assist air events global in good faith, and to provide air events global with such information and take such actions as may be reasonably requested by air events global, in connection with any complaints or claims made by Members relating to the provision of the Services.
If you become aware of a Member wrongfully utilising the Site or Application or breaching any of these Terms, you are requested to immediately report such conduct to air events global.
THE RESPONSIBILITY OF BEING A FREELANCER
As a Freelancer, you are responsible for all aspects provision of goods and services, certifications, compliance with laws, customer service and service delivery. You acknowledge and agree that, as a Freelancer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who may assist in any other way that arises out of or relates to the use of this Site and Application or the supply of Services.
FREELANCERS – COMPLIANCE WITH LOCAL LAWS
Freelancers should understand how the laws work in their respective jurisdictions. Some jurisdictions have laws that restrict their ability to perform, sell or provide certain goods or services to Clients. In some states, Freelancers may need to register, get a permit, or obtain a licence before providing certain goods or services to Clients. Freelancers must review and comply with all local laws before listing on air events global. A Freelancer must comply with all Tax regulations including with respect to GST and with respect to employees (if applicable). While in no way diminishing the Freelancer’s responsibilities under this clause, or giving rise to any positive obligation on the part of air events global, air events global may, in its absolute discretion, provide the Freelancer’s details to any regulatory authority to assist with the Freelancer’s or air events global’s compliance obligations generally.
FREELANCERS’ GOODS AND SERVICES POSTING TO THE SITE AND APPLICATION
As a Freelancer, goods and services may be made publicly available via the Site and Application. You may be asked a variety of questions about the goods and services. You understand and agree that once a Client accepts an offer from you, you may not request the Client to pay a higher price than in the offer.
You acknowledge and agree that you alone are responsible for any and all information you post. Accordingly, you represent and warrant that any information you post will: be in compliance with all applicable laws; not conflict with the rights of third parties accord with any representation you make regarding your goods and services.
air events global assumes no responsibility for a Freelancer’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. air events global reserves the right, at any time and without prior notice, to remove or disable access to any goods and services for any reason, including those goods and services that air events global, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or air events global’s then-current policies or guidelines, or otherwise harmful to the Site or Application or provision of the Services.
air events global recommends that Freelancers obtain appropriate insurances. Please review any insurance policy that you may have carefully, and in particular, please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including but not limited to, whether or not your insurance policy will cover the actions or inactions of Clients.
RESPONSIBILITY AS A MEMBER
Clients: As a Client, you are responsible for treating the Freelancer, other Members and the location in which the services are supplied or work done in a respectful manner and complying with the Freelancer’s reasonable requirements. You agree to pay the Freelancer for any damage you cause. In the event that a Freelancer claims that you have caused damage and provides evidence of damage, or air events global is satisfied that you have otherwise not acted in a respectful manner or in accordance with the Freelancer’s reasonable requirements, air events global may suspend or terminate your air events global Account.
Freelancers: As a Freelancer, you are responsible for treating the Client, other Members and the location in which the services are supplied in a respectful manner and providing the work you have promised. You agree to pay the Client for any damage you cause. In the event that a Client claims that you have caused damage and provides evidence of damage or you do not go through with the provision of the work or services and a Client validly claims that you have misled the Client or air events global including failure to provide the work or services in the form substantially promised or air events global is satisfied that you have otherwise not acted in a respectful manner towards your Clients, air events global may suspend or terminate your air events global Account.
RELATIONSHIP BETWEEN THE PARTIES
If you are a Freelancer, you understand and agree that air events global does not act as an insurer or as your contracting agent. If a Client accepts the Freelancer’s offer and arranges for the work to be done, any agreement or transaction you enter into with such Client is between you and the Client and air events global is not a party to it.
Notwithstanding the foregoing, air events global serves as the limited authorised payment collection agent of the Freelancer for the purpose of accepting, on behalf of the Freelancer, payments from Clients of such amounts stipulated by the Freelancer (including delivery or other fees and/or Taxes).
MEMBERS’ DUE DILIGENCE
air events global recommends that you always exercise due diligence and care when deciding whether to offer services to a Client or, as a Client, accept an offer from a Freelancer or in either case, to have any other interaction with any other Member. You agree to take reasonable precautions in all communications and interactions with other users of the Site, Application or Service and with other persons with whom you communicate or interact as a result of your use of the Site or Application including, but not limited to, Clients and Freelancers, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by air events global. You acknowledge and agree that you are responsible for your own decisions about offers you make or accept.
Clients and Freelancers may be asked to rate Members. Members must be honest and accurate in their appraisals. Members who air events global considers not to have acted genuinely and in good faith in their assessments or to have acted out of malice or with the intention of causing mischief may have their air events global Account suspended or terminated.
NO ENDORSEMENT BY AIR EVENTS GLOBAL
air events global does not endorse any Member or any Member goods or services. No reference or description of a Member (including, but not limited to, Member ratings) on the Site or Application is an endorsement, certification or guarantee by air events global about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable.
PAYMENTS BY CLIENTS (SERVICE FEES)
If as a Client you order through the Site or Application you are required to immediately pay the agreed fees of the services provided by the Freelancer (“Service Fees”). These Service Fees are set by the Freelancer not air events global. After you have ordered services or goods obtained through your use of the Site or Application air events global will facilitate your payment of the Service Fees on behalf of the Freelancer as the Freelancer’s limited payment collection agent. The Service Fees will be inclusive of applicable Taxes where required by law. Service Fees paid by you are final and non-refundable, unless otherwise determined by air events global.
All Service Fees will be processed by air events global using the preferred payment method designated in your air events global Account, after which air events global will send you a receipt by email. If your primary air events global Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that air events global may, as the Freelancer’s limited payment collection agent, use a secondary payment method in your air events global Account, if available.
PAYMENTS TO AIR EVENTS GLOBAL (SERVICE FEES)
In consideration for the use of the Site and Application and utilisation of the Services, air events global charges fees to Freelancers and Clients in the amount equal to 15% of the Service Fee (including/excluding expenses and any GST) in total the “Air Events Fee”. As part of the registration process Freelancers and Clients will be notified of the Air Events Fees. Where applicable, Taxes may also be charged in respect of the Service Fees.
air events global will deduct Air Events Fees due by the Freelancers from the payments of Service Fees received from each of the Clients. Balances will be remitted by air events global to Freelancers via cheque, PayPal, direct deposit or other payment methods no sooner than 72 hours after the date of the service are provided. Where air events global is satisfied that the services were not provided substantially as promised it reserves the right to keep the Fees or refund them to Clients subject to our cancellation policy detailed below.
As between you and air events global, air events global reserves the right to establish, remove and/or revise Air Events Fees for any or all services or goods obtained through the use of the Service at any time in air events global’s sole discretion. We will notify you of all changes.
air events global may from time to time provide certain users with promotional offers and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services, and you agree that such promotional offers and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Air Events Fee Fees applied to you.
CANCELLATIONS AND REFUNDS
It is important that Freelancers commit to undertake the work when they have scheduled it. It is important for Clients to honour their commitment to pay. Freelancers rely on the work orders to arrange their business affairs.
Freelancers and Clients may not cancel less than 72 hours prior to the date the work is due to be commenced. If the Client cancels their order within 72 hours of that date the Client will forfeit the entire Service Fee and will not receive a refund.
If a Client cancels their order at least 3 days (72 hours) before the services are scheduled to commence, the Client will be refunded 50% of the Service Fees, air events global will retain the 25% of the Service Fee and the Freelancer will be paid the balance.
If the Freelancer cancels the work within 72 hours of the scheduled time of delivery or does not provide the work, the Client will be refunded the entire Service Fee. It is the responsibility of the Client to inform air events global within 24 hours of the day of delivery of the scheduled work that the Freelancer has not provided the work. If there is no notification, air events global may assume that the work was undertaken. In the event of a dispute air events global will use its reasonable judgement but reserves the right at all times to retain its Service Fees.
Freelancers that do not provide the work or cancel an appointment without reasonable excuse will have their accounts suspended or terminated and will pay to air events global the amount of any Service Fees lost as a result.
If a Freelancer must cancel work for reasons beyond their control the Freelancer must re-schedule the work and advise Clients as soon as possible. If Clients are unable to attend a rescheduled work appointment notified to them no less than 72 hours prior to the previously scheduled time they will be refunded the Service Fee, less the Service Fee.
An order is not officially cancelled by a Client until the Client receives a cancellation confirmation e-mail from air events global.
Refunds in addition to the above due to any unforeseen events such as illness or hardship may be granted at the sole discretion of air events global.
These Terms constitute the entire and exclusive understanding and agreement between air events global and you and these Terms supersede and replace any and all prior oral or written understandings or agreements between air events global and you.
TERMS OF SERVICE
Your access and use of the Services, Site or Application constitutes your agreement to be bound by these Terms, which establishes a contractual relationship between you and air events global. If you do not agree to these Terms, you must not access or use the Services, Site and Application. These Terms expressly supersede prior agreements or arrangements with you.
Supplemental terms may apply to certain services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable services. Supplemental terms are in addition to, and shall be deemed a part of, the Terms for the purposes of the applicable services. Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable services.
Failure to use the Site and Application in accordance with these Terms may subject you to civil and criminal penalties.
MODIFICATION OF TERMS
air events global reserves the right, at its sole discretion, to modify the Site and Application or to modify these Terms at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the “Last updated date” at the top of these Terms.
By continuing to access or use the Site and Application or utilising the Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, you must cease using the Site and Application.
Subject to your compliance with these Terms, air events global grants you:
a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use; and a limited, non-exclusive, non-transferable license, to access and view any air events global Content solely for your personal and non-commercial purposes; and access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes.
You have no right to sublicense the license rights granted in this section.
It is an essential term of the license that you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site and Application, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by air events global or its licensors, except for the licenses and rights expressly granted in these Terms.
SUSPENSION, TERMINATION, AND AIR EVENTS GLOBAL ACCOUNT TERMINATION
We may, in our discretion and without liability to you, with reasonable cause (including, but not limited to, breach of these Terms or other misconduct which damages the reputation of air events global), with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your air events global Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your air events global Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site and Application, your air events global Account, your Member Content, or receive assistance from air events global Customer Service, (b) any pending or accepted future orders as either Freelancer or Client will be immediately terminated, (c) we may communicate to your Clients or Freelancers that a potential or confirmed order has been cancelled, (d) we may refund your Clients in full for any and all confirmed orders, irrespective of pre-existing cancellation policies, (e) we may contact your Clients to inform them about potential alternate options with other Freelancers that may be available on the Site and Application, and (f) you will not be entitled to any compensation for orders (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your air events global Account.
You may cancel your air events global Account at any time via the cancel account feature of the Services or by sending us an email. Please note that if your air events global Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Application, including, but not limited to, any reviews or Feedback.
The content that you share with other users is neither private nor confidential and you should not have any expectation of privacy with respect to it. Information you upload will be posted along with other personal information. You must exercise caution and common sense when submitting and disclosing information. At the very least you should demonstrate the same degree of caution when publishing personal information by means other than the Internet and cellular services.
In particular, Members may choose to share personal information such as name, age, gender, their location information, appearance, messages, background personal information. This information may also be shared via third party services (such as social networks) which interact with the Site and Application.
OWNERSHIP OF INTELLECTUAL PROPERTY
The Site and Application, and Collective Content are protected by copyright, trademark, and other laws of Australia and other countries. You acknowledge and agree that the Site and Application and Collective Content, including all associated intellectual property rights, are the exclusive property of air events global and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site and Application, or Collective Content.
air events global respects copyright law and expects its users to do the same. It is air events global policy to terminate in appropriate circumstances the air events global Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders.
If you choose to use the Site and Application or Collective Content, you do so at your sole risk. You acknowledge and agree that air events global does not have an obligation to conduct background checks on any Member but may conduct such background checks in its sole discretion. The Site and Application and Collective Content are provided “as is”, without warranty of any kind. air events global makes no warranty that the Site and Application, Collective Content, including, but not limited to, the Member goods or services, will meet your requirements or expectations or, in the case of the Site and Application, be available on an uninterrupted, secure, or error-free basis. air events global makes no warranty regarding the quality of any Member goods or services, the Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site and Application.
air events global makes no representations or warranties as to the conduct of users of the Site, Application or Services or their compatibility with any current or future users of the Site, Application or Services. Notwithstanding air events global’s appointment as the limited payment collection agent of the Freelancers for the purpose of accepting payments from Clients on behalf of the Freelancers, air events global explicitly disclaims all liability for any act or omission of any Freelancer, Client or other third party.
No advice or information, whether oral or written, obtained from air events global or through the Site and Application or Collective Content, will create any warranty not expressly made herein.
LIMITATION OF LIABILITY
air events global will not be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, the delivery of the services by the Freelancers (or failure to deliver the services), from the use of or inability to use the Site and Application or Collective Content, from any communications, interactions or meetings with other users of the Site, Application, or services or other persons with whom you communicate or interact as a result of your use of the Site and Application, or any liability arising from your goods or services whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not air events global has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to applicable Freelancers pursuant to these Terms, in no event will air events global aggregate liability arising out of or in connection with these terms and your use of the Site and Application or Collective Content and in connection with any Member goods or services or interactions with any other Members, exceed the amounts you have paid or owe for goods or services via the Site and Application as a Client in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Freelancer, the amounts paid by air events global to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred Australian dollars (AUD$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between air events global and you.
CLAIMS AGAINST OTHER MEMBERS
By using the Site or Application you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Member/s or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy on air events global with respect to such acts or omissions. This limitation shall not apply to any claim by a Freelancer against air events global regarding the remittance of payments received from a Client by air events global on behalf of a Freelancer, which instead shall be subject to the limitations described in the section above entitled “Limitation of Liability”.
The Site and Application may contain links to third-party websites or resources. You acknowledge and agree that air events global is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by air events global of such websites or resources or the content, products, opinions or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.
You agree to release, defend, indemnify, and hold air events global and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site and Application, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) your goods and services; (d) your acceptance of a Member’s goods or services, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of your ordering or utilising any Member’s goods or services.
CLAIMS BETWEEN MEMBERS
air events global may, but is not obliged to, investigate claims by Members in relation to the provision of services by Freelancers to Clients.
All claims by or between Members are personal to those Members and air events global is released and discharged from all claims and liabilities in relation to such claims.
CLAIMS BETWEEN AIR EVENTS GLOBAL AND MEMBERS
You and air events global agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, (collectively, “Disputes”) will initially be subject to mediation, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
You may not assign or transfer these Terms, by operation of law or otherwise, without air events global’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. air events global may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by air events global (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
CONTROLLING LAW AND JURISDICTION
These Terms and your use of the Services will be interpreted in accordance with the laws of New South Wales and Australia. You and we agree to submit to the jurisdiction of the courts of that state and country.
The failure of air events global to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorised representative of air events global. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
THIRD PARTY BENEFICIARY
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
Nothing contained in these Terms shall constitute the relationship of partnership, joint venture, principal and agent or employer and employee between any of the parties. Save as expressly permitted under these Terms, no party may act nor has the authority to act as agent of, or to bind any other party to any obligation and no party shall hold itself out as being the agent of the other party or as having the authority to bind the other party.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Application (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of air events global and you hereby irrevocably assign to air events global all of your rights, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At air events global’s request and expense, you will execute documents and take such further acts as air events global may reasonably request to assist air events global to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
CONTACTING AIR EVENTS GLOBAL
If you have any questions about these Terms please contact air events global.
“air events global Content” means all Content that air events global makes available through the Site, Application, or Services, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and air events global Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Client” means a Member who accepts an offer from a Freelancer to provide goods or services offered by the Freelancer via the Site, Application or Services.
“Freelancer” means a Member who makes an offer to a Client to provide certain goods or services via the Site and Application. Every Freelancer is an independent entity offering their own goods and services on the Site and Application.
“Member” means a person who completes air events global’s account registration process, including but not limited to Freelancers and Clients, as described under “Account Registration” above.
“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, and includes in their goods or services to be made available through the Site, Application or Services.
“Tax” or “Taxes” mean any sales taxes, goods and services taxes (GST), that Freelancers and providers of services and goods may be required by law to collect and remit to governmental agencies, and other local, state, and federal taxes including personal or corporate income taxes or employment related deductions (including PAYG and superannuation payments).