1. ABOUT THIS AGREEMENT 1.1. This Agreement sets out the Terms and Conditions upon which Advanced National Services PTY LTD; ABN: 20 096 450 190 ("We" or "Us") of 24 Kingston Drive, Helensvale, Queensland, 4212, Australia, who is the owner and operator of the advancedns.com.au website, operates; and by which the Member ("You" or "Your") is bound.1.2. We permit the person whose details have been provided during the registration procedure and who has agreed to these Terms and Conditions ("You" or "Your") to become a member of advancedns.com.au. 1.3. If You are not a Member an Application Form must be completed and returned to advancedns.com.au by You or Your legal attorney. Membership will not commence until this form has been received and processed. 1.4. It is understood that by joining advancedns.com.au you have read and accept these Terms and Conditions.1.5. Your Franchsieeship is bound by these Terms and Conditions and remains in effect until this Agreement is ended by You or Us in accordance with clause 12.
2. DEFINITIONS AND INTERPRETATION 2.1. In this Agreement:"Articles" means written information published on the Website by Us from time to time which is intended to serve an educational or informative purpose. These are published inside the "Member Lounge" section of the website, accessible by a username and password given to you once you have created Your Profile;"GST" means the tax payable on taxable supplies under GST Legislation;"GST Legislation" means the A New Tax System (Goods and Services Tax) Act 1999 and any related Act imposing such tax or legislation that is enacted to validate, recapture or recoup such tax;"Input GST" means, in relation to costs incurred by a person in acquiring goods, services and other supplies, an amount equal to the GST on those supplies;"Intellectual Property Rights" means all intellectual and industrial property rights (whether registered or unregistered) of advancedns.com.au;"Registration Date" means the date from which Your Profile is processed and approved;"Registration Form" means the electronic form You fill in to subscribe to the service OR the form you download, print, complete and return to us by mail;"Subscription Fee" means the annual fee (plus any applicable GST) payable by You for access to the Member Lounge section of the Website, plus a Profile creation for listing on advancedns.com.au database. Subscription Fee is set as per the current details on the advancedns.com.au Website;"Website" means the advancedns.com.au website accessible by means of the URL http://www.advancedns.com.au  Your "Confidential Information" means Your personal details and data which are stored on a secure server; only accessible by Us or 3rd parties deemed appropriate by Us."Your Credit Card" means the credit card details, which You provided during Your Profile being created;"Your Profile" means the data relating to You when You register for advancedns.com.au and held on our database;
3. WHAT WE WILL DO 3.1. We will place your Member Account Details & Report Information on Our secure database. However, We reserve the right to refuse to place on the Website, or database.3.2. We will place on the database the following information which You supply to Us: a) Your name; b) Your business details; c) Your agent's name; and d) Your contact details, including telephone numbers, email address.3.3. We will create a Profile of You on Our database and will and provide a username and password to You to access the Articles and the "Member Lounge".3.4. If We are contacted by a client who wishes to contract You then, unless We determine that it is not in Your best interests, We will: a) inform You/ Your agent, where You have provided details of an agent; or b) inform You, where You have not provided details of an agent.3.5. We are not obliged to provide any services to You until the Registration Date.3.6. We will not disclose Your Confidential Information to a 3rd party except within the contracting process or to the extent required by applicable law. We will use reasonable endeavours to secure Your Confidential Information from unauthorised access. Notwithstanding the foregoing, We may use Your Confidential Information for the purposes of marketing, planning or product development.
4. WHAT YOU MUST DO 4.1. You must provide Us with full and correct details about You either requested in the Registration Form or subsequently as part of the ongoing management of the Website and the database including details gathered during the casting process.4.2. You must include the name of any agent with whom You have an agreement, exclusive or otherwise.4.3. You must provide Us with a photograph of You as soon as practicable by either: a) sending Us that photograph in electronic form via email; b) providing a photograph in electronic form by uploading it during the Registration Process; c) sending Us that photograph via regular mail; or d) if We require, coming to our offices and allowing Us to take a photograph of You, digital or film.4.4. Any photograph You send to Us, pursuant to clause 3.1, must be a head and shoulders shot of good quality, where possible with a plain background.4.5. You must act in good faith at all times towards Us and give Us such assistance and co-operation as We reasonably request in relation to the use of the Website, database, emails and the contracting process.4.6. You must inform Us in the first instance if You have any complaints about the Website, database or services provided therein and allow for a response to be made before further action is taken.4.7. You agree that We may disclose by publication on the Website or otherwise, the information about You set out in paragraph 3 to third parties who may wish to engage You to provide performance or modeling services.
5. WHAT YOU MUST NOT DO 5.1. You must not make or publish, or cause to be made or published, any false, misleading, deceptive, defamatory, indecent or obscene statement, information or photograph by means of the Website.5.2. You must not breach, infringe, contravene or offend any laws (whether Australian law or applicable international law), through Your use of the Website or permit anyone else to do so.5.3. You must not allow anyone other than You access to Your Profile, or allow them to obtain information which enables them to obtain access to the Website. Your Password must remain confidential to you and not be disclosed to any other person.5.4. You must not reproduce, transmit or distribute any Articles, content or pictures You access at the Website, except that You may download and print one copy of each Article for Your personal use only. This obligation survives termination of this agreement.
6. WHAT WE MAY DO 6.1. We may send You a newsletter, updates or correspondence via email.6.2. We may, from time to time, send information about goods or services which We, or third parties deemed appropriate by Us, believe to be of value to You, via email to the email address You provided to Us.6.3. We may provide You with contract briefs, at our discretion, from time to time. Either via the Website or email.6.4. We reserve the right to immediately and without notice to You, refuse or withdraw Your access to the Website in the event that: a) You fail to comply with this Agreement; b) We are not satisfied with any information You have provided; c) this Agreement is terminated for any reason; or d) services are terminated or suspended for any reason.6.5. We may request further identification or age verification information from you. If We do request such information, We may delay Your access to the Website's "Member Lounge" until We have received, and have notified You that We are satisfied with, that additional information.6.6. We will not be obliged to put in place any substitute or alternative system should there be a failure of or delay in the provision of access to the Website.6.7. Subject to applicable privacy legislation, We may monitor, record and store material related to Your use of any of the services provided through the Website.6.8. We may, in our absolute discretion, increase the Subscription Fee, by one (1) months' written notice to You. If We do so, the new Subscription Fee will be charged to You in accordance with clause 8, unless You terminate this Agreement pursuant to clause 12 because the increase is unacceptable to You.
7. INTELLECTUAL PROPERTY7.1. You hereby grant Us the right to use, reproduce and publish in electronic form Your photograph. You warrant that You have the authority to grant this right to Us and agree to indemnify Us for any loss or damage caused to Us or claimed against Us in the event that our use of the photograph infringes any owners Rights, including Intellectual Property.7.2. You acknowledge that the copyright in any photograph taken by Us of You is owned by Us.7.3. You acknowledge that Your photograph or image, either provided by You or obtained from the public domain, may be used by Us in the layout and design of the Website and for marketing and publicity of the Website. This remains in effect after termination of the Agreement.
8. FEES AND PAYMENT8.1. You must pay Us the Subscription Fee (plus any applicable GST), payable by You to Us, annually in advance.8.2. If You choose the option for Us to debit Your Credit Card, then: a) the Registration Date is the date upon which Your Credit Card is first successfully debited; b) You authorise Us to charge against Your Credit Card the Subscription Fees (plus any applicable GST) and to charge the Subscription Fees against Your Credit Card on each subsequent anniversary of the Registration Date; c) if a credit card transaction is not approved then: i/ We may, at our discretion, suspend the provision of services to You until You remedy the default; and ii/ You will pay all collection costs and legal fees incurred by Us as a result.8.3. If You choose to pay by money order, cheque or cash, then: a) You must pay the Subscription Fee within fourteen (14) days; b) the Subscription Fee is set out and current as to Our Website; c) the Registration Date is, in the case of a money order or cash, the date upon which the first Subscription Fee is received and processed by Us, or, in the case of a cheque, the date the cheque is cleared; d) You must pay the Subscription Fee on or before each subsequent anniversary of the Registration Date, otherwise We may suspend the provision of the services to You until You remedy the default.8.4. If We request additional identification or age verification information from You under clause 1.3 then the Registration Date will be the date on which We notify you that we are satisfied with that information and Your Profile is processed and approved.8.5. The Subscription Fee is not refundable (whether in whole or part) to You in any circumstances other than to the extent of applicable law.8.6. The records of the Website administrator will be prima facie evidence in relation to a dispute as to the occurrence or timing of any communication made, or transaction entered into, by means of the Website.
9. TAXES9.1. Subject to clause 8, where either party is entitled to any payment of money (whether by way of damages, indemnity, set-off, reimbursement or otherwise) from the other party, the first mentioned party will be additionally entitled to recover the amount of any GST on the supply less any Input GST on costs incurred in making the supply.
10. DISCLAIMER BY US10.1. You acknowledge that: a) You have solely exercised and relied upon Your own skill and judgment in determining whether the services provided by Us under this Agreement meet Your particular requirements, and have not relied on any statement or representation made by or on behalf of Us other than those contained in this Agreement; b) We do not promise that You will receive any enquiries or gain any employment as a result of the Website or the services provided by Us under this Agreement; c) We do not warrant, endorse or recommend any goods or services which may be advertised either via the Website or via email to You from time to time; d) We do not endorse or recommend any casting agent who You contact or who contacts You pursuant to these services and that You must use Your own skill and judgment to evaluate any offer made by a casting agent; e) We do not endorse or take any part in any transaction between You or Your agent or any person who contacts You as a result of the services provided on the Website. We do not endorse or make any representation or warranty in relation to the quality of the services provided by any such person(s); f) We shall not be liable for any loss or damage You suffer if any equipment or means of communications, (including telephone lines, computer equipment and Your internet access) are not working; and g) We shall not be obliged to put in place any substitute or alternative system should there be a failure of or delay in the provision of the Website, or if You are unable, for any reason, to access the Website.10.2. We do not warrant that: a) the provision of the Website or any part of the Website will be continuous or uninterrupted; or b) the information provided via the Website shall be error free.
11. LIABILITY11.1. Where any applicable legislation implies any term, condition or warranty into this agreement or our relationship with You or otherwise gives You a particular remedy against Us, and that legislation or any other legislation avoids or prohibits provisions excluding or modifying the application of, exercise of or liability under such implied term, condition, warranty or remedy, then that implied term, condition, warranty or remedy will be deemed to be included in this Agreement or, as the case may require, apply to the relationship between Us and You. However, our liability for any breach of such implied term, condition or warranty or under such remedy, will be limited, at our option if the breach relates to services, in any one or more of the ways permitted by that legislation including, where so permitted: a) the supplying of those services again; or b) the payment of the cost of having those services supplied again.11.2. All terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating in any way to services supplied under this agreement are excluded. Without limiting the preceding sentence, We will not be under any other liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of any goods or services supplied under this agreement.11.3. Without limiting clause 11: a) We will not be liable for any consequential loss or damage (including, without limitation, loss of profit and expenses) incurred by You whether arising directly or indirectly from the supply of services; and b) We will not be liable for any costs or expenses arising out of injury to or death of any person or persons or damage to property resulting directly or indirectly from the supply of services under this Agreement.11.4. Regardless of the form of action and without limiting the other provisions of this clause 11, our aggregate liability to You for damages shall not exceed the sum paid to Us by You under this agreement at the date such liability arises.11.5. In no event will We be liable to You or any other person whatsoever for any remote, indirect, consequential, special or incidental loss or damages, including, without limitation, loss or damages resulting from loss of data, loss of profits or business interruption. This limitation will apply even if We have been advised of the possibility of such damages.11.6. You hereby indemnify and shall keep Us harmless against any loss, costs, expenses, demands or liability, whether direct or indirect or consequential, arising from: a) any breach by You of this agreement or any act or omission of a person using Your Website Account which would constitute a breach of this agreement if done or omitted to be done by You; b) the negligence of You or Your agents, employees or contractors; c) any claim made against You or Us by a third party arising from the Your use of the Website; d) any claim made by any third party due or arising out of any information or photographs You provide to Us, or anything You transmit to the Website; and e) without limiting any other part of this clause.11.7. Any claim that material posted on, or transmitted by way of, the Website by You or provided by You to Us for posting on the Website is defamatory, breaches any Intellectual Property Rights of any person, or contravenes the Trade Practices Act 1974 (Cth), the Fair Trading Act 1987 (QLD) or equivalent legislation in any other jurisdiction.
12. TERMINATION12.1. We may terminate this Agreement without cause at any time immediately on notice in writing to You, including writing via email.12.2. You may terminate this Agreement by giving Us thirty (30) days' notice in writing and thereby deactivating Your Profile and access to the Website.12.3. Without limiting the rights which We may otherwise have arising from a breach of this Agreement, We may terminate this Agreement immediately by notice in writing if: a) any payment due from You to Us under this Agreement remains unpaid for a period of fourteen (14) days after the due date; b) You breach any clause of this Agreement and such breach is not remedied within thirty (30) days of written notice to You requiring the breach to be remedied;12.4. If this Agreement is terminated for any reason, We may, in addition to any additional or alternative remedies provided by law: a) retain all moneys already received from You; b) be deemed to be immediately discharged from any further obligations under this Agreement.
13. FORCE MAJEURE13.1. Failure or delay in performance of any obligation hereunder, by either party, shall be deemed not to be a breach of this Agreement if that failure or delay is due to any cause beyond the reasonable control and without the fault or negligence of that party provided that in order to exercise its default hereunder a party shall notify the other of the occurrence or the cause specifying the nature and particulars thereof and the expected duration thereof.
14. GOVERNING LAW14.1. This Agreement is governed by and will be construed according to the laws of Queensland, Australia; and: a) each party irrevocably submits to the non-exclusive jurisdiction of the courts of Queensland and the courts competent to determine appeals from those courts, with respect to any proceedings which may be brought at any time relating in any way to this Agreement; and b) each party irrevocably waives any objection it may now or in the future have to the venue of any proceedings, and any claim it may now or in the future have that any proceedings have been brought in an inconvenient forum, where that venue falls within clause.
15. NOTICES15.1 Notices under this Agreement may be delivered by hand, mail, facsimile, email or other electronic means to: a) in the case of Us - published to the Website; and b) in the case of You - to an email address You have provided to Us.15.2. Notices shall be deemed given: a) in the case of hand delivery or mail, upon written acknowledgement of receipt by an officer or other duly authorised employee, agent or representative of the receiving party; b) in the case of facsimile, upon completion of transmission and receipt of a successful confirmation report identifying the recipient's facsimile number and the date and time of the transmission; and c) in the case of email or other electronic means, in accordance with Section 13 of Electronic Transactions Act 2000 (QLD)