Terms of Service

Thank you and welcome to www.apollolive.co (‘Website’ or ‘Apollo’). The following Terms of Service constitute a legally binding agreement (‘Agreement’), between you as a registered user (‘you’, ‘your’ or ‘User’) and Apollo (‘we’, ‘us’ or ‘our’). The Terms of Service along with our Privacy Policy, which outlines our collection and use of your data in relation to the Website and its Services, govern your use of and access to the Website and the sub-domains thereof. Apollo is operated by Apollove Live Pty Ltd (ACN 617 531 272).

 

Apollo is a simple booking management platform for:

  • Individuals and organisations looking to hire performers for an event/’s (‘Promoters’); and
  • Individuals and organisations selling various types of entertainment performances (‘Performers’).

 

Apollo is designed to enable and simplify the searching of profiles for both Promoters and Performers, and facilitate communication between Users for the purposes of creating an agreement (‘Booking’) for a performance at a specific event (‘Services’). Further details on how Apollo is intended to be used can be found on our FAQs page.

 

By joining, using, reading and browsing the Website you acknowledge that Apollo does not provide any entertainment or performance services and that all such entertainment or performance services are provided by Users independent of Apollo and the Website.

 

By joining, using, reading and browsing the Website you are acknowledging that you have read, understood and agree with the Terms of Service and Privacy Policy. If you do not understand or agree with any part of the Agreement, please cease use of the Website. If you require further clarification, please contact us with any questions before using Apollo.

 

Apollo at its sole discretion may update or change these Terms of Service at any time. If and when these Terms of Service are updated, Apollo will send a notification email to the email address provided to inform Users of changes. Your continued use of the Services after the date of any amendments, constitutes your agreement to be bound by the updated Terms of Service.

 

 

License

 

      1. We grant you a non-exclusive, worldwide, non-transferable licence to use the Website in accordance with the terms and conditions set out in this Agreement.
      2. You may access and use the website (including any incidental copying that occurs as part of that use) in the normal manner and may also print one copy of any page within the website for your own personal, non-commercial use.
      3. You must not add any content to the Website:
        1. unless you hold all necessary rights, licences and consents to do so;
        2. that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
        3. that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
        4. that would bring us, or the Website, into disrepute; or
        5. that infringes the intellectual property or other rights of any person.
      4. The Website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
      5. You acknowledge and agree that:
        1. we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole and unfettered discretion; and
        2. the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).

 

Acceptance

 

      1. By reading and browsing the Website, registering to become a User of the Website or continuing to use the Website after the date of any amendments to the Terms of Service, you agree to abide by this Agreement. 
      2. If you agree to the Terms of Service on behalf of an individual or organisation, or in connection to providing or receiving services on behalf of an individual or organization, you guarantee that you have the authority to bind that individual or organization to the Terms of Service and are agreeing to bind both you and the individual or organization to the Terms of Service. In this situation, ‘you’ and ‘your’ will refer and apply to you and the individual or organisation you represent.
      3. Any information provided to the Website for the purposes of registration or ongoing use of the Website will be handled and protected by us as outlined in our Privacy Policy.
      4. You guarantee that any information you provide to the Website during registration or any use of the Website will always be correct and up to date.
      5. By accepting these Terms of Service, you agree to being contacted by Apollo for the purposes research and product development. If you do not wish to be contacted for this purpose, please email us at info@apollolive.co and explicitly request to be not contacted.
      6. You accept that Apollo is in a period of testing and development, otherwise commonly known as ‘Beta Testing’, which may result in site instability and potential loss of information amongst other things. You, as the user, are responsible for maintaining copies of all agreements in other appropriate locations as to avoid potential financial or professional losses.
      7. You may not accept the Terms of Service, nor use the Website and the Services provided through it if you are:
        1. not of legal age to form a binding contract through the Website; or
        2. a person who has been barred from receiving the Services under the laws of the country in which you are a resident.

 

User Obligations

 

      1. By using the Website or Services you are agreeing to be bound by the following Terms and Conditions:
        1. You will only use the Website and Services for purposes permitted by the Terms of Service and by any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
        2. You will not post on profiles nor communicate to Users in any form, messages, materials or links to materials for the purposes of solicitation of services unrelated to the Services of the Website;
        3. You will not use any part or whole of the Website or Services for any illegal purposes or commercial purposes not outlined in these Terms of Service;
        4. You will not use, remove, edit or copy any part or whole of the Website or Services for any commercial purposes outside of the Website;
        5. You are responsible for the confidentiality of your User account access details (such as emails and password) and if these details or the account is accessed by a third party, you will notify Apollo immediately of the breach;
        6. You are responsible and solely liable for any activity from your User account;
        7. You guarantee that any and all information and materials provided to Apollo and it’s Users are correct, true and up to date;
        8. You will not create duplicate accounts, delete an account to replace with another (Phoenixing), nor misrepresent yourself or another individual or other User;
        9. You understand that any form of ‘Verification’ performed by Apollo is not necessarily correct and that we have simply been provided by a User with photo ID that matches the information provided for the profile;
        10. You will for the purposes of ratings and feedback, provide a correct, true and unbiased representation of your experience.
      2. The Website reserves the right to determine whether a User is failing to abide by these Terms and Conditions or any of the Terms of Service and may decide to suspend or terminate any Users account.

 

Bookings

 

      1. The bookings agreed upon by Users in the Website constitute legally binding agreements between the relevant Users, dated from the date of ‘Agreement’ until the date of the performance. By making a booking through Apollo, unless Terms that cover any of the following are outlined in the booking terms or accompanying documents specifically, the following Terms (derived from industry standards) apply alongside any others outlined in the specific accompanying agreement:
        1. ‘Fee’ is inclusive of performance cost and all travel, accommodation and food related expenses;
        2. The Promoter is responsible for providing the requirements outlined in the  ‘Technical Rider’ (list of all technical requirements for the performance to occur) and ‘Hospitality Rider’ (list of all the required food, beverages and other hospitality requirements for performance to occur) at their expense;
        3. One free ticket per Performer will be provided by the Promoter to the performance, as well as all associated accommodation costs. The Performer may use this ticket etc at their discretion;
        4. The Promoter will not begin promoting the performance of a Performer until after the ‘deposit’ has been deposited in the provided account, if and only if a deposit is a part of the payment terms;
        5. The Promoter will not record in any format and/or reproduce any part or whole of the Performance without prior written permission from the Performer;
        6. If there is a cancellation on behalf of the Performer, unless the cancellation is due to reasons out of their control (force majeure), the cancellation is to be made in writing through the Website and any deposit is to be refunded within 5 business days of the cancellation;
        7. If there is a cancellation on behalf of the Promoter, the cancellation is to be made through the Website and any deposits made are forfeited;
        8. Any losses suffered by either party as a result of cancellation will be pursued externally to Apollo through appropriate legal channels, and to the extent permitted by law, Apollo will not be a party to those proceedings;
        9. Any remaining unpaid part of Fee will be paid within 5 business days of event completion;
        10. All parties will communicate in relation to the Booking in a manner that allows all parties to carry out their obligations in regards to the Booking;
        11. Any changes to this booking must be made and agreed upon by all parties through the Website, as part of the Terms of Service;
        12. All parties agree that the Terms of this Booking are confidential and will not be disclosed to any other person other than professional advisers, such as legal professionals and accountants;
        13. All parties indemnify the Website and Apollo (including its directors, officers, employees and contractors hired by the company) against all claims, liabilities, losses, demands, damages and legal costs arising from any breach of this Agreement (including these warranties);
        14. The Warranties and Indemnities contained in the agreement are continuing obligations and will survive the Termination of this Booking;
        15. This booking will be governed by and construed in accordance with the laws of Queensland, Australia, and the parties submit to the exclusive jurisdiction of the Courts of Queensland.
      2. Any accompanying additional files containing contract terms that a User wishes to apply to the specific booking must be signed and dated by both users for the terms to take effect. If unsigned by Users, any terms in files accompanying a booking will be assumed to be null and void.
      3. If a separate contract is accompanying a booking in the files section, the warranties and liabilities in this section relating to Apollo will apply.
      4. Once a Booking has been approved by both parties, the booking will not be deletable, only editable. An approved booking will at the end of the agreement, be reviewable by both parties. This review will apply to the User’s accounts and profiles for informative purposes. By using the Services and making a booking, you are:
        1. Agreeing to a review by another User being added to your public profile however we deem appropriate;
        2. Guaranteeing that any review you give is a correct, true and unbiased representation of your experience of that Booking;
        3. Agreeing that after five (5) business days of lodging a review, the review will be uneditable and permanent unless requested for reviewal by the reviewed User;

 

Payment

 

      1. Apollo does not facilitate payment between Users and as such will not be held liable for any financial losses.
      2. The Website will provide certain features and functionality to Users that have registered for a “Pro” plan subscription (‘Subscription’).
      3. Payments for Subscriptions are made in advance and once your payment for the Subscription has been received, your ‘Pro Account’ will be activated thereby setting the monthly renewal date.
      4. The Subscription will be automatically and perpetually renewed on a monthly basis until the User cancels the Subscription in the User settings. If the User does not cancel the Subscription before the renewal date the Pro Subscription will last until the next renewal date, at which point payments will cease and access to extra features will be removed.
      5. If there is a failure of Payment, we will notify the User by email and they will be given 10 working days to rectify. If unrectified, the Pro Account Subscription will be terminated and the User will no longer be able to access the features and functionality provided to Pro Users.
      6. In line with Australian Consumer Law, a ‘Cooling-off Period’ applies for 10 business days and as such, if requested within that period, Apollo will cancel the subscription and a refund will be made through the method supplied for the payment of Subscription.
      7. Apollo reserves the right to change the pricing, pricing structure and add or remove subscription levels at any time.

 

Intellectual Property

 

      1. Nothing in these Terms constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
      2. By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorise any other individual or organisation to do the same thing.
      3. You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
      4. The licence in clause 5.3 will survive any termination of these Terms of Service.
      5. You represent and warrant to us that you have all necessary rights to grant the licences and consents set out in clauses 5.2 and 5.3.

 

Dispute Resolution

 

      1. If a review is reported and disputed (‘a complaint’), the User that created the review will be contacted to examine the review in question and asked if they wish to re-evaluate. 
      2. If the review remains the same or the edited review is still unsatisfactory to the party that lodged the complaint, both parties will be asked to supply evidence to demonstrate the inaccuracy of the review or of the complaint. 
      3. Evidence can include screenshots, photo’s, videos or statutory declarations. The evidence will be examined by a mediator (selected by Apollo) who will then make a decision as to whether or not the review is valid or not. The Apollo mediator will have unfettered discretion when making a decision in relation to a complaint. 
      4. Following a decision by an Apollo mediator, if the review is still unsatisfactory to the user that lodged the complaint the User can pursue a resolution through appropriate channels external to Apollo in accordance with the law of Queensland.
      5. All other disputes, including payment related disputes, are to be pursued externally to Apollo and through appropriate legal channels, and to the extent permitted by law, Apollo will not be a party to those proceedings.

 

Warranties

 

      1. You represent and warrant to us that:
        1. you have the legal capacity to enter these Terms of Service; and
        2. you have complied with User Obligations.

 

Liability

 

      1. To the full extent permitted by law, we exclude all liability in respect of loss of data, interruption of business or any consequential or incidental damages.
      2. To the full extent permitted by law, we exclude all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms of Service.
      3. We do not accept any liability for the accuracy or content of any material posted by other Users of the Services and we are not liable for any loss resulting from any action taken or reliance made by you on any information or material posted by another user. All profile and User information is provided for use by the Users and we accept no liability for the reliability of information provided by any User.
      4. As Apollo will not be handling any form of payment, be it between Users or to a payment to the Website for Subscription purposes, we accept no liability for the protection of your payment information. Subscription service payments are handled by the third party provider ‘Paypal’ and as such, their Terms and Conditions and Privacy Policy will apply.
      5. These Terms of Service are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions, guarantees or obligations. If such legislation applies, to the extent possible, we limit our liability in respect of any claim to, at our option:
        1. in the case of goods:
          1. the replacement of the goods or the supply of equivalent goods;
          2. the repair of the goods;
          3. the payment of the cost of replacing the goods or of acquiring equivalent goods; or
          4. the payment of having the goods repaired, and
        2. in the case of services:
          1. the supply of the services again; or
          2. the payment of the cost of having the services supplied again.

 

Termination

 

      1. These Terms of Service will terminate automatically if, for any reason, we cease to operate the Website.
      2. We may otherwise terminate these Terms immediately if you have breached these Terms in any way or if we deem, for any reason, your behaviour to be unsatisfactory. We will provide notice to you of the termination, as soon as practicable.
      3. You are also free to cease use of the Website at any time.
      4. Following a termination of the Agreement, any Subscription payments will cease. 

 

General

 

    1. You must not assign, sub-licence or otherwise deal in any other way with any of your rights and obligations under these Terms of Service.
    2. If a provision of these Terms of Service are invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
    3. Each party must at its own expense do everything reasonably necessary to give full effect to this Agreement and the events contemplated by it.
    4. This Agreement is governed by the laws of Queensland, Australia, and each party submits to the jurisdiction of the courts of Queensland, Australia.