EA Nominees Pty Ltd in its capacity as trustee of the EA Unit Trust trading as “Entertainment Adelaide” (ABN 39 930099 834) owns, operates and provides its Services subject to the following terms and conditions of use (Terms and Conditions).
By using EA for your Event you agree you have read, understood and agree to be bound by these Terms and Conditions and you acknowledge that EA agreeing to perform and attend your Event and provide the Services is only on the condition that you agree to be bound to these Terms and Conditions.
EA reserves the right to revise and update these Terms and Conditions by making any changes immediately without notifying you except by providing you with the amended Terms and Conditions. We may revise these terms from time to time. The revised terms will take effect when EA have provided them to you and your continued usage of EA for your Event after any changes to these Terms and Conditions will mean you accept those changes.
In these Terms of Conditions:
- “Contracted Personnel” means EA’s contracted performers and musicians;
- “EA”, “us”, “we”, and “our” means EA Nominees Pty Ltd in its capacity as trustee of the EA Unit Trust (ABN 39 930 099 834), its director/s, employees and agents, related parties, contractors, its subsidiaries, its holding companies or subsidiaries of such holding companies;
- “Event” means the event that you have engaged EA to perform and attend at;
- “Services” means the entertainment services provided by EA from time to time at your Event;
- “Service Fee” means the agreed fee paid by you for the Services by EA;
- “You” “you” and “your” refers to anyone who uses and/or engages EA on your behalf for your Event and who accepts these Terms and Conditions.
You have engaged EA to perform the agreed Services at your designated Event (subject to you agreeing to be bound by these Terms and Conditions).
EA agrees to provide the Services at your event:
(a) in accordance with any reasonable instructions issued by you;
(b) with due skill and care;
(c) in a manner which is in the best interests of you and your Event requirements (including in respect of your Event’s dress code); and
(d) in accordance with all applicable legislation, regulations, rules and professional standards.
EA agrees to meet with you at agreed times to discuss the requirements for your Event and EA’s provision of the Services.
While every effort will be made to accommodate your requests, EA has the right to assign any of its Contracted Personnel to perform the Services at your Event at its own discretion and without notice to you.
EA agrees perform the Services to the best of its ability, but accepts no responsibility for unforeseen circumstances that may prevent it from performing the Services, including (but not limited to) equipment failure, power outages, illnesses, inability and unavailability of its Contracted Personnel to attend and perform the Services at your Event and/or any other situation where the Services performed are held not to be acceptable by you. EA’s liability in any such circumstance will be limited to an amount equal to the Service Fee paid by you.
You agree to provide any of the Contracted Personnel attending your Event with appropriate and sufficient food and beverages for the duration of the Event.
You acknowledge that EA and its Contracted Personnel cannot play past the designated closing time of your Event (as confirmed by the venue hosting your Event).
You agree that you will be at all times responsible for obtaining any necessary consents associated with the Event’s host venue for EA’s Services and EA will not be liable for any loss whatsoever resulting from a failure to perform the Services on the basis of the Event’s host venue refusal to allow the Services to occur.
You also agree to advise of any issues that may prevent EA from performing at your Event as soon as you become aware of any such issues. You further agree to indemnify EA and that you are liable for any loss suffered as a result of your failure to notify EA of any such issues or if EA has suffered any loss associated with your Event.
If for any reason, EA is unable to honour your Event at the agreed time, EA will use reasonable endeavours (at its own discretion) to ensure the relevant Services are honoured by a comparable service at the agreed time/date or will otherwise refund any amounts paid by you.
While every effort will be made to provide you with the Services requested, EA will not be liable or responsible whatsoever for any required changes to the Services and/or Contracted Personnel prior or during your Event.
You agree to ensure that the proposed venue and/or site for your Event is safe and appropriate for EA to perform its Services. EA is able to immediately cancel any of its Services if (at its own discretion) it deems any venue/site is unsafe for its Contracted Personnel to perform.
You agree to obey all reasonable written and verbal instructions given by EA and its Contracted Personnel without objection in respect of the Services.
You agree that you will be responsible for any damage to EA’s equipment or injury to its Contracted Personnel
caused at your Event.
You acknowledge that EA may take images and/or video of you using EA at your Event. You hereby irrevocably waive all copyright rights (including moral rights) in any such images and agree to provide EA a royalty free nonexclusive licence to use any such images for our marketing purposes.
Any photographs, videos or sound recordings taken by you must be for personal use only and must be taken legally.
Any use, reuse or production for commercial purposes without the express written consent of EA is strictly prohibited.
Images of people, places and/or products posted on EA’s website are either the exclusive property of EA or are used herein with the express permission of EA. Unless otherwise noted, all content included on EA’s website, including (but not limited to) images, illustrations, designs, icons, photographs, video clips, written material and other materials, is the property of EA or its suppliers, partners, or affiliates and is protected by Australian and international copyright laws Any unauthorised use of any content or materials on EA’s website is strictly prohibited and may violate copyright and trademark laws and/or the laws of privacy, publicity, and/or communications regulations and statutes. Any use of the materials or content on EA’s website can be made only with the prior written and express authorisation of EA. Please note that EA reserves all of its rights in this regard.
From time to time EA may offer a newsletter, or product or service information updates. By accepting these Terms and Conditions, you consent to EA using your email address to send you EA newsletters or product or service information updates (as applicable). EA may also use your email address to send updates to you from time to time about changes to EA’s products and services.
CONDITIONS OF SALE
The Services may only be purchased and delivered through consultation with EA’s staff (unless otherwise agreed in writing with EA).
You acknowledge that EA will offer various forms of the Services (including promotional offers) from time to time and that these are subject to change.
These Conditions of Sale may change from time to time and you are required (within reason) to revisit these before placing any order to ensure that these Conditions of Sale have not changed.
EA reserves the right to accept or reject your order for the Services for any reason, including, without limitation, an error in the product description or the price quoted for the Services, the availability of the Services or an error in any order for the Services. Your contract with EA for the purchase of the Services will only come into existence when EA forwards you an email containing confirmation of receipt of your order, an acceptance of your order, confirmation of receipt of your payment (as set out below) and details of delivery and/or an invoice.
EA will provide you with a tax receipt for any purchase of the Services (invoice).
This invoice will include a requirement that you make a payment of a deposit amount of 50% of the Service Fee for the Services (Deposit) within two (2) days of your booking and receipt of the invoice (unless otherwise agreed in writing with EA).
Full payment of the Service Fee will then be required no later than thirty (30) days before your Event. If you cancel your booking within six (6) months of your Event, you agree to forfeit to EA an amount equal to the Deposit.
If you cancel your booking within three (3) months of your Event, you agree to forfeit to (or compensate) EA any amount of the Service Fee you have paid to date.
Acceptable payment methods for any purchase of the Services include all major credit cards and/or electronic bank transfer unless otherwise agreed with EA.
Services purchased will not be delivered until such time as full and complete payment for the Services has been received by EA.
In the event of a default by you on the purchase of the Services, EA reserves its right to terminate and/or suspend (at its discretion) the proposed performance of the Services to you.
Unless otherwise expressly stated, the price and any other sums payable for any of the Services is inclusive of GST.
Given GST is payable by you for the Services under these Terms and Conditions, you agree to pay to EA an additional amount that is equal to the amount payable by EA for the relevant supply multiplied by the prevailing GST rate. This additional amount is payable at the same as the purchase price for the relevant supply to which the additional amount rates.
In the event of a taxable supply, EA will ensure any such supply is provided for in any Invoice provided to you.
CREDIT CARD AUTHORISATION
attempt to recharge your credit card until the issue has been resolved.
The first charge will occur when you place your first order. If the charging falls due on a non-business day, it will be charged from your credit card account however your order will not be dispatched until the next business day.
Either party may terminate this agreement immediately by notice in writing to the other where:
(a) the other party has committed a breach of this agreement and, where that breach is capable of remedy, has failed to remedy that breach within 3 days after receiving notice in writing requiring the breach to be remedied (including any non-payment of the Service Fee by you);
(b) an insolvency event (such as administration, liquidation or bankruptcy) has occurred in respect of the other party; or
(c) the other party ceases business or the Event ceases to proceed (noting the payment terms above in respect of the Service Fee). Otherwise, this agreement automatically terminates on the conclusion of the provision of the Services and/or your Event.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
EA hereby excludes all warranties of any kind to the fullest extent permissible by law in respect of the Services and your Event.
Except to the extent that liability may not lawfully be excluded, EA will not be under any liability to you (or any of your officers, agents or employees) for:
- any direct or indirect loss or damage (including, without limitation, consequential loss or damage) however caused (including, without limitation, due to breach of contract, negligence or breach of statute) which may be suffered or incurred by you or which may arise from or in connection with your use of the EA, the Services and/or your Event;
- any cost, loss, liability or expense arising from death, personal injury or property damage resulting directly or indirectly from your use of the EA, the Services and/or your Event.
Any failure by EA to exercise or enforce any one or more of its rights under these Terms and Conditions will not constitute a waiver of such rights unless such waiver is granted to you in writing.
Further, where the law implies a warranty into these Terms and Conditions which may not be lawfully excluded, EA’s liability for breach of such a warranty shall be limited at its option to supplying the Services again or the repayment of any Service Fee paid by you.
For the avoidance of doubt, EA shall not be liable to you or any person for any loss or damage of any kind which may arise from the use of this EA, the Services and/or your Event.
EA’s aggregate liability to you for any other losses resulting from use of the EA and your Event is limited to the nominal amount of $1AUD.
Your use of EA (including any of its Contracted Personnel) is entirely at your own risk. We assume no duty of care to you with respect to your Event or the level of Services you require.
INSURANCES, WORK HEALTH AND SAFETY AND CONTRACTED PERSONNEL
You hereby warrant that you have taken out any relevant insurances required to cover your use of the EA and/or your Event.
EA will take out and maintain such professional indemnity insurance and public liability insurance in respect of injury and loss arising out of or in consequence of the performance of this agreement.
EA will be solely responsible for all remuneration and other entitlements payable in respect of the Contracted Personnel (if employed by EA) for the Event.
EA must comply at its own expense with the requirements of all relevant legislation in respect of the Services and the Contract Personnel and the relationship between the parties to the agreement will at all times remain on a contractor basis.
You will provide a venue for the Event that complies with all relevant workplace health and safety laws.
You undertake to commit to consulting with EA regarding all workplace health and safety issues (including any risks and incidents) in relation to the persons performing the Services and/or the Event.
You also agree and acknowledge that EA may contact on your behalf any relevant Event or operational staff of any venue where you have engaged EA to provide the Services to assist EA with providing the Services required.
EA is free to accept work with other parties (including work which is similar in nature to the Services and/or at the same time as your Event) during the term of this agreement.
If a conflict arises between your event and one of EA’s events, EA will within reason:
(a) promptly advise you in writing, concerning the conflict of the Event; and
(b) take whatever reasonable steps it believes required to resolve or otherwise deal with the conflict or potential conflict of interest. For the avoidance of doubt, if EA is unable to perform its Services at your Event, due to any conflict with another event, EA will only be liable for an amount equal to the Service Fee paid by you.
You agree to defend, indemnify and hold harmless EA, our offices, Contracted Personnel, directors, employees, agents, subcontractors, licensors, and suppliers, from and against all claims, actions, demands, liabilities and settlements, arising in connection with your use of the Services, your Event, EA or your breach of any of these Terms and Conditions.
These Terms and Conditions can only be amended or varied by EA at its own discretion and may not be amended or varied in any other manner.
EA may assign or transfer its rights or obligations under these Terms and Conditions at its own discretion.
You are unable to assign any of your rights in any purchase of the Services without the prior written permission of EA.
If any part of these Terms and Conditions is prohibited, invalid, unenforceable in any jurisdiction, that provision will, as to that jurisdiction, be ineffective to the extent of the prohibition, invalidity or unenforceability without invalidating the remaining provisions of these Terms and Conditions or effecting the validity or enforceability of that provision in any other jurisdiction.
If you have any questions or suggestions regarding these Terms and Conditions, please contact us