Terms and conditions

Posted 1st July 2014

Please read these terms and conditions carefully before registering to become a member of Showtools.

1. General

  1. Acceptance of terms and conditions: By registering as a Showtools member you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.

  2. Amendment of terms and conditions: You acknowledge that Showtools may amend these terms and conditions, in whole or in part, from time to time. Any amendments to these terms and conditions are effective from the time of posting on the Showtools website and accordingly we encourage you to check these terms and conditions from time to time to ensure that you are familiar with them. By continuing to use the Showtools services you agree to be bound by the terms and conditions as amended. These terms and conditions are current as at 1 July 2014.

  3. Definitions: In these terms and conditions, unless the context otherwise requires:

    • booking and bookings means a booking for your services through the website;

    • booker is a producer, production manager or delegated person that makes bookings;

    • crew member is a freelance technician in the New Zealand and Australian screen industry;

    • rental is a item, facility or service;

    • rental company is a company that hires items, facilities and services;

    • member means a registered crew member or rental company with Showtools;

    • productions are actual film / video / screen jobs.

    • services means any one or more of the services offered by Showtools Limited from time to time, including online bookings, SMS text messages, emails and any other service that Showtools may offer;

    • we, us and our are references to Showtools Limited.

    • website means any Showtools website through which the services are offered; and

    • you and your are references to you.

2. Key messages

  1. Venue only: The Showtools website is a venue to introduce members who want to work with or hire goods to each other. Showtools is not involved in and has no responsibility for the booking process, except insofar as it provides a venue for the introduction of members. If a booking is accepted by a crew member or rental company, a contract will be entered into between the booker and the crew member or rental company directly. Showtools does not act as agent for either party and does not participate in any contractual arrangements between you and other members.

  2. Own risk: As a condition of membership you acknowledge that bookings, and any other contact you may have with other members of Showtools, are conducted entirely at your own risk. You acknowledge and accept that Showtools has no responsibility or liability for any misconduct by members including, without limitation, members who may  have registered under false pretences or who may otherwise provide incorrect information. Showtools gives no undertakings, representations, or warranties in relation to bookings made through the website. More specifically, Showtools gives no undertakings, representations, or warranties in relation to the accuracy or truth of information provided by any crew member, rental company or booker, the ability of any crew member, rental company, rental item or booker to meet your requirements or expectations, or the ability of any crew member, rental company or rental item to complete their job.

  3. Disclaimer: By registering as a member you acknowledge and agree that:

    • You use the services at your sole risk. To the maximum extent permitted by law and without limiting clause 2.2, Showtools disclaims and excludes all implied conditions or warranties in relation to the services provided by Showtools.

    • Showtools does not guarantee that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) any information provided on the website is correct or reliable.

    • Showtools takes no responsibility for the content of advertisements appearing on the Showtools website (including hyperlinks to advertisers' own websites). Advertisements placed on the Showtools website are not in any way recommended or endorsed by Showtools, unless expressly stated. Each advertiser is solely responsible for any representation made in connection with its advertisement.

  4. Liability: To the maximum extent permitted by law, Showtools excludes all and any liability in connection with the services, the Showtools website, any other  member's acts or omissions, or your use of or inability to use, the services.  For the avoidance of doubt, Showtools' liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and any and all consequential and incidental loss.

  5. Indemnity: You agree to release, indemnify and keep indemnified Showtools from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or your failure to complete a booking, your use of Showtools message boards, or arising out of any content you submit, post, transmit, or make available through the services.

  6. Breach: Without limiting any other rights and remedies available to Showtools, Showtools may limit your activities on the web site, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or otherwise if, in Showtools' sole and absolute discretion, it considers it appropriate.

  7. Listing Policies form part of terms and conditions: The Listing Policies posted on the Showtools website also forms part of these terms and conditions. Accordingly, we encourage you to familiarise yourself with the Listing Policies before registering as a member of Showtools.

  8. All published crew and rental daily rates are in their owners domiciled countries currency.

3. Registration

  1. Registering as a Member: Registering as a member of Showtools is free. In order to register you must be at least 18 years old and you must be a resident of New Zealand or Australia. As a condition of registering as a member, you warrant that you can form a legally binding contract.

  2. Accurate Information: Any information that you provide to Showtools, whether when registering to become a member or otherwise, must be complete, accurate and current. It is your sole responsibility to ensure that the personal information you provide is kept current and you acknowledge that you must maintain and update your personal information from time to time as the need arises. As a condition of membership, you acknowledge that you must not register as a member of Showtools under multiple identities or personas (whether false or not) and agree that Showtools may phone or email you to verify these details.

  3. Declining / Terminating your membership: Showtools, in its sole and absolute discretion, reserves the right to decline to register or to terminate your membership without entering into further correspondence with you. Without limiting the foregoing, Showtools may terminate your membership if a serious complaint or multiple complaints are received about you from other members, or if you breach these terms and conditions, or if you impersonate another member, or if we, in our sole and absolute discretion, deem your behaviour to be unacceptable. For the avoidance of doubt, we note that if you register under multiple aliases all of these aliases will be terminated.

  4. Maintaining the security of your login information: You agree to keep your login information, including your email address and password, secret and secure. Accordingly, as a condition of membership you agree not to permit any other person to use your user name or membership and you agree not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.

4. Rules of conduct

  1. General

  2. As a member of Showtools you agree to abide by the following rules:

    • You agree, as a condition of your Showtools membership, that you will not make any statement or do any act or omission or post on the Showtools website any information, or otherwise do anything that will mislead or deceive or would be likely to mislead or deceive others.

    • You will ensure that any listing or communication you make through Showtools is made in good faith.

    • You agree not to attempt to damage, interfere or harm the website or services, or any network, or system underlying or connected to them, whether by using a robot, spider, scraper or other automated means to access the web site or information featured on it, or otherwise.

    • You acknowledge and agree that Showtools memberships are not transferable and therefore you agree not to sell, transfer or trade your membership.

    • You acknowledge that Showtools does not endorse or recommend any Showtools member or booker. Accordingly we strongly recommend that you obtain your own legal, accounting, financial or taxation advice as appropriate. For the avoidance of doubt, it is solely your responsibility to evaluate the accuracy, completeness, usefulness and reliability of all information, and contacts, provided on or through the website.

  3. Your obligations as a crew member.

  4. All crew members have the following obligations.

    • Crew members must be located in New Zealand and Australia. You are not permitted to be registered on Showtools if you are located outside of New Zealand and Australia.

    • As a crew member you agree to only enter listings for yourself that are accurate, current, complete, and which include all relevant information about yourself.

    • You must ensure that your C.V. is accurate and truthful. You agree, as a condition of your Showtools membership, that you will not either through any act (including but not limited to posting a C.V. on the Showtools website) or omission mislead or deceive others. Please note that falsifying your C.V. is contrary to New Zealand and Australian law.

    • You acknowledge that while your listing may contain a URL for a website that contains further information about yourself, you must not use Showtools as a way to promote a business or website other than a website for yourself.

    • You agree to only list showreel videos of productions that you have actually worked on.

    • Please note that C.V.s, equipment lists and showreels are not pre-screened for content. Therefore as a condition of membership, you warrant that any C.V., equipment list and/or showreel that you list will not contain any material that could be considered offensive or otherwise contrary to law.  Showtools reserves the right to remove any C.V., equipment list or showreel that it deems unsuitable or in breach of these terms and conditions.

  5. All rental members have the following obligations.

    • Rental members must be located in New Zealand or Australia. You are not permitted to be registered on Showtools if you are located outside of New Zealand and Australia.

    • As a rental member you agree to only enter listings for yourself and rentals that are accurate, current, complete, and which include all relevant information about yourself or the item.

    • You must ensure that your rental information is accurate and truthful. You agree, as a condition of your Showtools membership, that you will not either through any act (including but not limited to posting a CV on the Showtools website) or omission mislead or deceive others.

    • You acknowledge that while your listing may contain a URL for a website that contains further information about your rental company, you must not use Showtools as a way to promote a business or website other than a website for your rental company.

    • You agree to only list showreel videos of productions that you or your rentals have actually worked on.

    • Please note that CVs, equipment lists and showreels are not pre-screened for content. Therefore as a condition of membership, you warrant that any C.V, equipment list and/or showreel that you list will not contain any material that could be considered offensive or otherwise contrary to law.  Showtools reserves the right to remove any C.V., equipment list or showreel that it deems unsuitable or in breach of these terms and conditions.

  6. Bookers obligations.

  7. In order to book crew or rentals via Showtools you must be located in New Zealand or Australia. Bookers located outside of New Zealand and Australia are not permitted to book crew or rentals via Showtools.

  8. If you delegate the duties of a booker to someone else, you are held accountable for and are liable for that person’s actions.

5. Fees and accounts

  1. Listing Fees and Booking Fees

    • Although your Showtools membership is free, fees will be charged for the use of the website as a venue.

    • A list of the current fees that will be charged for Showtools services can be found in the FAQ section.

    • Any non-commission booking fees are charged at the time of booking and are not refundable. Showtools may (in its our sole and absolute discretion) refund a commission or booking fee charged on completed bookings if the actual production is not successfully completed, provided that the member concerned follows our defined refund process. Showtools will only issue refunds in the form of credit to the Showtools account of the member. Cash refunds will not be issued. Any credit balance on your Showtools account is not transferable to any other member.

    • From time to time Showtools may change the fees charged for any of our services. In the event that such change occurs, the new fees will be effective immediately. In the event that a new service is introduced, the fees for that service will be effective from the launch of the service, unless otherwise stated.

    • Unless otherwise stated, all fees are in New Zealand dollars and are inclusive of GST for NZ only. No interest or other financial charges will be applied to Showtools account balances unless expressly stated in these terms and conditions.

    • Please review the Showtools fees to ensure that you are aware of the fees that you will incur before listing yourself or booking any crew.

    • You agree to pay any fees you incur immediately upon demand by Showtools.

  2. Your Showtools Account

    • Showtools will maintain a credit account for each member. Each member must pay fees, including payment of advance booking options from their account.

    • If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Pro account”), you agree to Showtools storing your payment information.

    • As a condition of your Showtools membership you agree to settle any negative account balance in your personal credit account immediately. Showtools reserves the right to take action against you to recover any outstanding debts you may have either in your personal credit account or in relation to your Showtools membership generally. You are liable for all expenses (including legal fees) that Showtools incurs when collecting such debts.

    • If, for any reason, your membership is terminated Showtools will refund the balance of your credit account to you, less a $5 manual processing fee that is payable to Showtools. If your account balance is below $5, you acknowledge and agree that no refund will be payable. If your membership is removed due to breach of our terms and conditions we will determine whether you are eligible for a refund in our sole and absolute discretion.

    • You acknowledge and accept that any unused balance on your account will be  forfeited to Showtools and your membership will be suspended if you do not log on to the website for a period of 24 months (two years).

6. Other general provisions

  1. Dispute Resolution: Showtools is not a party to any booking or transaction between you and another member. Therefore you agree not to involve, or attempt to involve, Showtools in any dispute or in the resolution of disputes that may arise between you and another member as a result of the services or lack of services provided.

  2. System Integrity: While Showtools uses its reasonable endeavours to ensure the availability of the website and services at all times (subject to any downtime required for maintenance), Showtools takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the website or the services being unavailable. Further, Showtools assumes no responsibility for the corruption of any data or information held by Showtools.

  3. Force Majeure: Without prejudice to clause 2.4 of these terms and conditions, Showtools has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of Showtools to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Showtools.

  4. No Waiver: Any failure by Showtools to exercise or enforce any right available to it under these terms and conditions, does not constitute a waiver of such rights.

  5. Partial Invalidity: If any provision of these terms and conditions is or becomes invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.

  6. Governing Law: These terms and conditions are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.

  7. Intellectual Property Rights: Showtools (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website. Unless you have the prior written permission of Showtools, you may not:

    1. adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or

    2. commercialise, copy, or on-sell any information, or items obtained from any part of this website.

  8. Privacy: As a condition of your membership you acknowledge that you have read and understood the Showtools Privacy Policy and that you agree to its terms.

  9. All materials uploaded by you to the Showtools website remains your property.