WANNAJAM – ONLINE TERMS OF USE

WELCOME TO THE WANNAJAM SITE. PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.

THE OWNER AND OPERATOR OF THE WANNAJAM SITE, WANNAJAM PTY LTD ABN 92 610 092 594, PROVIDES ACCESS TO AND USE OF THE WANNAJAM SITE SUBJECT TO THESE TERMS. BY ACCESSING AND USING THE WANNAJAM SITE AND/OR ORDERING SERVICES, YOU AGREE TO BE CONTRACTUALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR OTHERWISE USE THE WANNAJAM SITE.

YOU MUST BE AGED 18 OR OVER TO SIGN-UP TO THE WANNAJAM SITE. IF YOU ARE UNDER THE AGE OF 18 YOU SHOULD MAKE SURE THAT YOUR PARENT OR GUARDIAN HAS READ AND AGREED TO THESE TERMS.

Definitions
  1. In these Terms:
    1. “AUD” means Australian Dollars;
    2. “Australian Consumer Law” means the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth);
    3. “Card” includes any payment method accepted by WannaJam from time to time, including bank account, credit card, Stripe account or other authorised payment method;
    4. “Defined Abuse” means misuse of the WannaJam Site including:
      1. giving an unauthorised person the User’s account and password details;
      2. deliberately or recklessly disrupting WannaJam’s service;
      3. engaging in the practice known as spamming;
      4. using the WannaJam Site in an unlawful manner;
      5. using the WannaJam Site to menace or harass others;
      6. Denial-of-service attacks on WannaJam, other users or networks;
      7. using the WannaJam Site to unlawfully obtain access to other networks; or
      8. using the WannaJam Site to unlawfully obtain access to other networks; or
      9. as otherwise reasonably determined by WannaJam;
    5. “Denial-of-service attacks” includes behaviour of the User that results in disruption of WannaJam’s service, disruption of other people’s use or enjoyment of the WannaJam Site, which includes but is not limited to computer viruses, IRC harassment, email bombardment, damage to internet-connected resources and channel flooding;
    6. “GST” has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
    7. “Implied Term” means a term implied into these Terms by consumer protection legislation and which such legislation prohibits from being excluded, restricted or modified, including for example guarantees provided under the Australian Consumer Law;
    8. “Impugned Content” means content that:
      1. is false or misleading according to the Australian Consumer Law or any other law;
      2. is obscene, threatening or defamatory;
      3. is invasive of privacy;
      4. infringes any persons’ intellectual property rights;
      5. harasses another User or any other person or group, or encourages such harassment;
      6. is verifiably untrue;
      7. constitutes commercial solicitation, political campaigning, or involves the transmission of unsolicited mass mailing (including spamming);
      8. identifies the author as someone other than the true author of the post;
      9. is pornographic or sexually explicit in nature;
      10. or would otherwise reasonably be considered illegal, objectionable or offensive;
    9. “Login Details” means a unique login identification code, password, and/or other login information to enable connection to the User’s account;
    10. “Order” means an offer to purchase a Service via the WannaJam Site;
    11. “Provider” means a person or entity on whose behalf WannaJam promotes Services via the WannaJam Site and who is responsible for supplying Services to Renters;
    12. “Renter” means a person who places an Order for a Service using the WannaJam Site and may include an individual, a company, a partnership, an association, or other organisation;
    13. “Service” means a service that is offered for sale on the WannaJam Site, such as rental of music studio time and space, rental of equipment and/or hiring of a Provider’s expertise;
    14. “Terms” means these terms of use;
    15. “User” means a person who uses the WannaJam Site, whether or not that person is a Renter. Where the context permits, references in these Terms to a “User” include a Renter;
    16. “WannaJam” means WannaJam Pty Ltd ABN 92 610 092 594, a company registered in Australia;
    17. “WannaJam Site” means the website operated by WannaJam for the display and the dissemination and sharing of information relating to the sale of Services and related matters.
  2. These Terms apply to Users (including Renters). These Terms will commence when a User first uses the WannaJam Site and shall continue to govern that User’s use of the WannaJam Site. Using the WannaJam Site
  3. Upon a User registering with WannaJam, WannaJam will provide the User with Login Details and a unique user account. Login Details are personal to the User. The User must not use Login Details for multiple concurrent logins and must ensure that Login Details are not disclosed to any other person.
  4. Use of and access to the WannaJam Site and any User’s user account shall be personal to the User only. The User must not permit any other person to use the WannaJam Site by means of the User’s user account. The User must immediately notify WannaJam if another person becomes aware of the User’s Login Details.
  5. The User shall comply with all policies (including in relation to: online sales; content; shipping; refunds; returns; and privacy) in relation to the WannaJam Site as published (and as may be amended) by WannaJam from time to time and such policies deemed to be incorporated into these Terms.
  6. The User must comply with all applicable laws and regulations in Australia and in the country in which the User resides or is domiciled. WannaJam will not be liable for any breach of any such laws and the User fully indemnifies WannaJam for any breach of such laws by any person.
  7. WannaJam reserves the right to accept or reject any application for a user account for any reason. WannaJam may in its discretion (acting reasonably) suspend or cancel a User’s account at any time.
  8. The User is responsible for obtaining and maintaining all hardware, software and services required for accessing and using the WannaJam Site.
  9. The WannaJam Site and its contents are subject to copyright and are protected by Australian and international copyright laws. The compilation comprising the WannaJam Site (including the collection, organisation and display of all content on the WannaJam Site) is the exclusive property of WannaJam and must not be reproduced without the prior written consent of WannaJam. All trade marks, signs, logos and get-up (“marks”) contained on the WannaJam Site are owned by WannaJam or the respective Provider or owner. The User must not use such marks without the prior written consent of the owner.
  10. Any articles, comments, news items, other web sites and hyperlinks referred to on the WannaJam Site are included for information purposes only. Third party sites and content are not under the control of WannaJam and therefore WannaJam is not responsible for the condition or content of them. The User accesses these sites and/or uses their products and services at its own risk. WannaJam makes no representations as to: any affiliation with any other organisation; the quality, veracity or accuracy of information contained in other web sites; or any endorsement of any other organisation.
  11. WannaJam is unable to guarantee that any file made available for download from the WannaJam Site is free from viruses or other conditions which could damage or interfere with data, hardware or software. The User assumes all risk of files downloaded and used from this site and releases WannaJam from all responsibility and liability arising from their use.
  12. WannaJam may make available a facility whereby Users may post comments, reviews, suggestions or other information on the WannaJam Site forums or discussion threads. The User must not represent expressly or impliedly that any content posted by the User is endorsed by WannaJam or reflects the views of WannaJam.
  13. The User must not post or submit any Impugned Content to the WannaJam Site.
  14. The User must not:
    1. engage directly or indirectly in Defined Abuse;
    2. circumvent or manipulate WannaJam’s fee structure, the billing process, or fees owed to WannaJam; or
    3. harvest or otherwise collect information about users, including email addresses, without their consent.
  15. The User uses the WannaJam Site at the User’s own risk. The User waives all rights and releases WannaJam from all claims in relation to all information and content provided by any third person.
  16. Except as otherwise provided for in these Terms, WannaJam does not monitor, supervise or control the content and form of material available on or via the WannaJam Site. However, WannaJam reserves the right (but does not have any obligation) to monitor, supervise or edit any content posted to the WannaJam Site, and to remove any content that violates any clause contained in these Terms, or if required by law to do so.
  17. The User is solely responsible for any content s/he posts to the WannaJam Site, and the User represents the User owns or otherwise controls all of the rights to the content that s/he posts; that the content is accurate; that use of the content the User supplies or posts does not violate these Terms and will not cause injury to any person or entity. The User fully indemnifies WannaJam for all claims resulting from content the User supplies or posts.
  18. By posting content to the WannaJam Site, the User grants, and represents that s/he has the right to grant, WannaJam a world-wide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  19. The User warrants to WannaJam that the User has made all necessary enquiries and satisfied itself regarding the suitability of the WannaJam Site and Services for its purposes.
  20. WannaJam may immediately suspend or terminate a User’s use of and/or access to the WannaJam Site without notice and in its sole discretion (which shall be exercised reasonably, having regard to the circumstances), if the User is in breach of any of these Terms or if required by law to do so.
Placing an Order
  1. WannaJam acts as an agent for Providers, for the purposes of promoting Services, facilitating Orders, arranging payment for Services and related matters. WannaJam is not responsible for the supply of any Services to Renters.
  2. The Renter acknowledges and agrees that the Provider shall be fully responsible to the Renter in every respect in relation to each Service, including (without limitation) the supply, sale, delivery, warranty and support in respect of the Service. The Renter irrevocably waives and fully indemnifies WannaJam in respect of all and any claims relating to such matters, including in relation to any information regarding Services or the Provider and any standard, quality or fitness for purpose of any Service.
  3. The WannaJam Site and the display of Services on the WannaJam Site is an invitation to treat only; it is provided for information purposes only and does not constitute a contractual offer by WannaJam in relation to any Service that is capable of acceptance. A contract for the sale of a Service is formed once WannaJam accepts (in its absolute discretion) an Order from a Renter. WannaJam reserves the right to accept or reject any Order for any reason.
  4. WannaJam reserves the right, but is not obligated, to limit the sales (including by type or volume) of Services to any person, geographic region or jurisdiction. All descriptions of Services or Service pricing are subject to change at any time without notice, at the sole discretion of WannaJam and/or a Provider. WannaJam reserves the right to discontinue any Service at any time.
  5. WannaJam may accept an Order by debiting the Renter’s Card for the applicable charges.
  6. The Renter must pay for the Service in full and in advance (including taxes, duties, delivery and insurance charges, where applicable). Once WannaJam accepts an Order, it will debit the Renter’s Card through a secure payment facility or gateway. The Renter authorises WannaJam to debit money from the Renter’s Card for the purposes of such transaction.
  7. WannaJam offers a full refund to the Renter if cancellation occurs 48 hours prior to commencement of the Service. If cancellation occurs within 48 hours of Service commencement, WannaJam will provide a full or partial refund if a replacement Renter books the same Service at the same booking time.
  8. Payments may be subject to a surcharge to cover merchant fees, which fees will be notified at the time of checkout.
  9. WannaJam may without notice remove any Service from the WannaJam Site at any time for any reason.
  10. Unless expressly stated otherwise, all references to consideration (including charges) relating to this agreement are in AUD and include 10% GST. All amounts payable to WannaJam must be paid in full without any deduction or set-off whatsoever.
  11. The Renter acknowledges that WannaJam receives a commission amount from Providers.
  12. Services purchased for delivery outside Australia may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. The Renter will be responsible for payment of any such import duties and taxes. WannaJam has no control over these charges and cannot predict or advise as to their amount. The Renter should contact their local customs office for further information before placing an Order.
  13. If the Provider ceases to trade or is unable to supply the Service to the Renter for any reason, then:
    1. if WannaJam has not transferred funds to the Provider in respect of the Order, then WannaJam shall refund the amount received from the Renter (including any commissions earned by WannaJam in respect of the Order); or
    2. if WannaJam has transferred funds to the Provider in respect of the Order, then WannaJam shall refund the commission earned by WannaJam in respect of the Order. The Renter must pursue the Provider in respect of any further amounts.
    The Renter acknowledges and agrees that, except as provided by this clause, WannaJam shall not have any liability to the Renter and the Renter must pursue its rights (if any) against the Provider without reference or recourse to WannaJam (and the Renter irrevocably waives and fully indemnifies WannaJam in respect of all and any claims in relation to such matters).
Intellectual property rights
  1. All intellectual property rights relating to the WannaJam Site are owned by WannaJam. Intellectual property rights (including moral rights) relating to a Service are not affected by these Terms. Notwithstanding anything to the contrary in these Terms, no clause will operate to assign or provide for the assignment of any intellectual property to a User or to any third person.
  2. WannaJam grants to the User a non-transferable, non-exclusive and personal licence to use the WannaJam Site for the purchase of viewing and buying Services (the “Licence”).
  3. The Licence shall be subject to full compliance with these Terms. For the avoidance of doubt, the Licence shall not be deemed a sale, a sale of a copy of a program, a lease, a rental or a loan.
  4. The User must not (directly or indirectly, whether for personal gain, commercial gain, or otherwise) in relation to any content contained on the WannaJam Site (except in relation to a Service that the User owns):
    1. reverse engineer, disassemble, decompile or re-create the source code relating to Our IP;
    2. make copies of, translate, modify, adapt, transmit, publish, or otherwise reproduce such content;
    3. distribute, sell, assign, pledge, sublicense, lease, deliver or otherwise transfer or grant access to such content.
Claims of rights infringement
  1. If a person (“Claimant”) claims that their copyright or other rights have been infringed by content posted or otherwise provided by another person using the WannaJam Site, the Claimant may provide WannaJam with a statutory declaration signed by or on behalf of the Claimant, setting out the alleged infringement, including the following information:
    1. the Claimant’s contact details (including address, telephone number, and email address);
    2. the alleged infringer’s contact details (including address, telephone number, and email address), if available;
    3. a description of the material that is alleged to have been infringed, what rights are alleged to have been infringed and what acts constitute the alleged infringement;
    4. a description of allegedly infringing material and its location on the WannaJam Site; and
    5. a statement that the Claimant is the copyright owner or is authorized to act on the copyright owner’s behalf.
  2. Without any obligation to do so, WannaJam may use reasonable efforts to provide reasonable notice to the third party of the allegation. If the third party responds with a valid counter-notification, WannaJam will provide the Claimant with a copy so that the Claimant may take any other steps he/she/it may consider appropriate.
  3. WannaJam has no obligation or responsibility to determine any dispute between a Claimant and any other person and it is the Claimant’s sole responsibility to do so. By engaging in the process set out in this clause, the Claimant agrees to fully indemnify and defend WannaJam in relation to any claim, loss, injury, damage, liability, costs and expenses arising from or relating to any such claim.
Warranties and liability
  1. The User warrants to WannaJam that:
    1. the User is over 18 years of age and is capable and legally entitled to enter into contracts;
    2. all information supplied by the User is true and correct;
    3. the User will not use the WannaJam Site in a breach of any law or any person’s rights (including intellectual property rights);
    4. the User will not use any information obtained from the WannaJam Site, or in respect of any Order or Service, for commercial purposes; and
    5. the User will use the WannaJam Site only for the purposes stated in these Terms (including WannaJam’s policies from time to time).
  2. The User is personally responsible for all purchases of Services (including being vicariously responsible for purchases made by any other person using the User’s account).
  3. The User is responsible for verifying all details relating to any Service (including without limitation the author, source, intellectual property rights, compliance with all applicable laws and the authenticity of the Service).
  4. Each User and User must indemnify and save harmless WannaJam and its related bodies corporate and their respective officers, employees, contractors and agents (the “Indemnified Persons”) from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by an Indemnified Person arising from or in connection with:
    1. any information provided by or on behalf of the User;
    2. the use of the WannaJam Site by any person (including the User or any third person);
    3. any alleged breach of a person’s rights (including, but not limited to, defamation and intellectual property rights) in respect of the use of the WannaJam Site;
    4. any breach of these Terms.
  5. All Implied Terms are expressly included in these Terms. All other terms which might otherwise be implied into these Terms, are excluded.
  6. Subject to the Australian Consumer Law, each User agrees that WannaJam’s maximum aggregate liability in relation to any claim, loss or damage, whether arising under or in relation to these Terms, any tortious act or omission (including negligence) or under common law or statute, is excluded and (if it cannot be excluded) is otherwise limited to the maximum extent permitted by law.
  7. Subject the Australian Consumer Law in relation to an Implied Term, in no event will WannaJam be liable to a User or to any other person for any indirect, special, incidental, consequential, punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to this agreement.
  8. Subject to clause 45 and any law to the contrary, WannaJam’s liability for any breach of an Implied Term shall be limited, at its option, to one or more of the following: if the breach relates to goods, the replacement of the goods or supply of equivalent goods, the repair of such goods, or the payment of the cost of replacing the goods or acquiring equivalent goods; and if the breach relates to services, the supplying of the services again, or the payment of the cost of having the services supplied again.
  9. WannaJam is not required to provide advice or information under these Terms and nothing in the WannaJam Site constitutes advice of any type. Information contained on the WannaJam Site or otherwise provided by WannaJam is provided on an “as is” basis and the User shall make all necessary enquiries as to the appropriateness and correctness, and accepts all risk, arising from that information or reliance on it.
  10. WannaJam does not warrant the truth or accuracy of any statements or representations made by any User or Provider or in relation to any Service. Each User is responsible for verifying the accuracy and truth of such statements or representations.
  11. WannaJam agrees to use its reasonable endeavours to provide the WannaJam Site, to display Services and to enable Orders in accordance with information available to it. However, WannaJam does not warrant that the WannaJam Site or any service will be uninterrupted or error-free, or that Service descriptions or other content are true, accurate, complete, reliable, or current. Further, WannaJam disclaims, to the maximum extent permitted by law, all responsibility and liability arising directly or indirectly from any use of material contained or referred to in the WannaJam Site, including any errors, omissions or harmful components.
  12. The User shall be solely and entirely responsible for all data backup and security measures relating to its information, including using appropriate encryption technologies, applying latest security patches, routine backup, having multiple backups and/or redundant backups, archiving data, conducting regular security audits, preventing malicious software (including spyware or malware) from infiltrating the User’s system, preventing a cross-site request forgery (CSRF) by another website running code on the User’s computer, and not accessing malicious websites while logged into the WannaJam Site.
  13. The User expressly acknowledge that no data is entirely secure and safe from a breach or failure of data backup and security. Accordingly, whilst WannaJam takes reasonable steps in relation to security of the WannaJam Site, it excludes all warranties and disclaims to the full extent permitted by law all liability in relation to data backup and security.
Use of information
  1. Consent to use of data: The User agrees that WannaJam may collect and use technical data and related information (including but not limited to technical information about the User’s device, system and application software, and peripherals) that is gathered periodically to facilitate the provision of software updates, product support, and other services to Users (if any) related to the WannaJam Site. WannaJam may use this information, as long as it is in a form that does not personally identify the User, to improve WannaJam’s products and services or to provide services or technologies to Users.
  2. Usage data (including metadata and customer usage) may be generated by the use of the WannaJam Site, in which case:
    1. where applicable, all right, title and interest in such usage data is retained by the User;
    2. the User grants WannaJam a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use such data; and
    3. the User consents to WannaJam’s use of such data (and to provide such data to others) for its internal business purposes, for marketing purposes, for market analysis, to analyse customer trends and where required by law.
  3. The User authorises WannaJam to use and provide personal information to its suppliers and other Users (Providers and/or Renters) to the extent necessary to fulfil its obligations under these Terms.
  4. WannaJam may also collect the User’s personal information and use it for the following purposes:
    1. to disclose to credit reference associations and credit reporting agencies for the purpose of providing services or other credit providers providing services;
    2. for the purpose of engaging with, assisting and fulfilling its obligations to third party suppliers;
    3. for marketing purposes, including to provide information about goods or services which WannaJam or any of its suppliers or related bodies corporate or affiliates may offer;
    4. for purposes related to or arising out of WannaJam’s provision of services and credit or commercial credit.
  5. The User gives its consent to the types of use of information described in these Terms. The User gives its consent to WannaJam sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to the User.
  6. WannaJam’s privacy policy shall be deemed to be incorporated into these Terms.
  7. For the purposes of these Terms, where reference is made to a third person who is a minor, the User represents and warrants to WannaJam that (if the User is the minor’s parent or guardian) s/he gives consent on behalf of the minor, including in relation to WannaJam’s communicating with the minor and the use (including reproduction and publication) of any information relating to the minor; or if the User is not the parent or guardian of the minor, then the User represents and warrants to WannaJam that the s/he has obtained the fully informed consent of the minor’s parent or guardian for such purposes.
General
  1. Notwithstanding any provision in these Terms, all or part of the agreement governed by these Terms may immediately be suspended or terminated by WannaJam for any reasonable reason.
  2. WannaJam will not be responsible for any delay or failure to perform its obligations under these Terms caused by any act beyond its control including without limitation acts of God, wars, strikes, natural disasters, delay or default of any person (including any Provider).
  3. These Terms and WannaJam’s rules and policies regarding the WannaJam Site are subject to change by WannaJam from time to time. Any such change shall be uploaded to the WannaJam Site. Users should re-check these Terms before using the WannaJam Site. In the event that a Renter’s rights are substantially limited by such changes, the Renter shall be entitled to terminate these Terms by written notice to WannaJam, provided the Renter must pay WannaJam for any goods supplied or services performed up to the time of termination.
  4. Notwithstanding anything in these Terms, the relationship of the parties under these Terms shall be, and shall at all times remain, one of independent contracting parties and not that of principal and agent, employer and employee, franchisor and franchisee, partners or joint venturers.
  5. These Terms contain the entire agreement of the parties with respect to its subject matter. They set out the only conduct relied on by the parties and supersede all earlier conduct and negotiations by the parties with respect to their subject matter.
  6. Any provision which by its nature would survive termination or expiry of these Terms (including without limitation any exclusion or limitation of liability or indemnity in these Terms) shall survive termination or expiry of these Terms.
  7. Any right under these Terms may not be waived or varied except in writing signed by the person to be bound.
  8. WannaJam may assign or novate any of its rights or obligations under these Terms and the User gives its consent to such assignment or novation.
  9. The User warrants to WannaJam that he or she has all necessary authority to enter into the agreement governed by these Terms.
  10. The agreement governed by these Terms is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
  11. The WannaJam Site may be accessed throughout Australia and internationally. WannaJam makes no representations that the content of the WannaJam Site complies with the laws, including laws relating to contracts, consumer protection or intellectual property rights, of any country other than Australia. Users who access this site from outside Australia do so at their own risk and are responsible for complying with all applicable laws.