Terms of Service

About us

Assorted Grains Inc is an artist-run not for profit working to grow Logan’s creative sector for community wellbeing. As a membership-based organisation, the income generated is put back into supporting this community. We do this by creating and promoting member events, facilitating community connections, collaborations and working to support the increase of revenue for our artistic membership base.

Terms

Please read these Terms and Conditions carefully before using the Assorted Grains Inc website. It is to be read in conjunction with our Constitution, which is available on our About page. The content and design of this website are subject to copyright.

Please read these terms in conjunction with our Privacy Policy.

1. About these terms

  • In these Terms, “Assorted Grains”, “we”, “us” or “our” means Assorted Grains Inc (ABN 31 129 511 863) and includes our management committee, sub-committees and employees and other volunteers. “You” or “your” means any Member, Artist, User, Organisation, Business or Client who accesses the Website.
  • The Website includes all pages, profiles, listings, blogs, forms and more on the domains: https://www.assortedgrains.org.au or https://www.assortedgrains.org
  • By using or accessing the Website, you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Website. If you do not agree to these Terms you should immediately cease accessing and using the Website.
  • We reserve all rights to alter these Terms at our discretion. Each time you use the Website, it is your responsibility to be aware of our current terms. Your continued use of the Website following the posting of changes to these Terms will be deemed your acceptance of those changes.
  • These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website and Services or until terminated.

2. Overview of Services

  • The Website provides an easy way for you to find promote your artistic practice, work opportunities, find other artists, organisations and businesses to collaborate with, and allows you to post call outs and promote events you’re involved in. The Website is designed for artists of all disciplines.
  • In order to do this, you need to access our Website, create a profile, and pay a subscription to access these benefits. Our Services to you include “providing access to the Website, online Directory, Event Calendar and may include facilitating enquiries and communications between other Artists and Clients.
  • To access all our Services, an Artist must register for an account. However, an unregistered Artist may still:
    • search and browse other Artists’ profiles and events on the Website; and
    • access some Assorted Grains content on the Website.
  • If you apply for membership and join our directory, you are also registering for an account on our website. If your registration is accepted by us, you will have access to all the Services and will be able to:
    • receive enquiries and quote requests from Clients;
    • update and manage your personal and public information, password, payment details and membership subscriptions;
    • manage your portfolio on the Website and/or Events listings;
    • manage any business opportunities or leads through the seller panel, as available from time to time; and
    • in the future you may request Clients post reviews and testimonials about your Artists’ Services.
  • Promotional offers and discounts may be offered at our sole discretion, and on such terms and conditions as are notified at the time of the relevant promotional offer or discount.

3. Your use of the Website

  • You are responsible for creating and maintaining your account.
  • If you are under the age of 18 you must comply with the additional account creation requirements set out under clause 4.
  • To access certain parts of the Website and Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
  • You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.
  • You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account details accurate, up to date, and secure your password as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.
  • We reserve the right to decline your registration request if you do not pass our verification process.
  • You must ensure that your access to, and use of, the Website or Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
  • Assorted Grains Inc is not legally responsible for any works listed on the Website by an Artist, User or Client and any legal action outside with Customers or Artists in regards to copyright is to be pursued directly with the Artist.
  • Assorted Grains Inc assumes no responsibility, whether implied by law or otherwise, for the information provided and disclaims all liability with respect to such information.
  • Assorted Grains Inc contains listings and advertising from other providers and services. The user must exercise all necessary caution and investigate fully for themselves any product or service listed or advertised.
  • Assorted Grains Inc is not obliged to be involved disputes that may arise between Artists, Customers as well as Artists and Artists.
  • All Users (members, organisations, clients, visitors, et al) use this website at their own risk. We take your security and privacy seriously, and take reasonable measures to secure your personal data from malicious attacks.
  • This Website is intended as an information service only. The listings and information contained in the Website are intended for general use. No warranty is provided that the information is accurate or correct.
  • Our service may contain links to third-party websites or services that are not owned or controlled by Assorted Grains Inc. We have no control over, and we assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services.
  • If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
  • If you provide us with Registration Data, you consent to the following:
    • we may provide your Registration Data to Artists for the purposes of providing you with the Services;
    • you may receive emails from us regarding details of your registration, orders and/or purchases made through your account, and/or information relating to your access and use of the Services and your account; and
    • from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

4. Minors

  • If you are under the age of 18 years, we may ask you to confirm that you have your parent’s or guardian’s permission to join the Website and that they have agreed to these Terms on your behalf by completing this form. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.
  • Any person under the age of 18 (a “Minor”) and over the age of 12 may join Assorted Grains as a Junior Member (as per our Constitution). However only Minors over the age of 16 will be accepted for a public profile on our Website, with express parental consent.
  • If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:
    • exercise supervision over the Minor’s use of the Website and our Services;
    • assume all risks associated with the Minor’s use of our Services and their account, including the transmission of content or information to and from third parties via the internet;
    • assume any and all liabilities resulting from the Minor’s use of our Services and their account;
    • ensure the accuracy and truthfulness of all information submitted to us and the Website by the Minor; and
    • provide the necessary consents contained in these Terms on behalf of the Minor.
  • We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by that Minor.

5. Pricing

  • From time to time we change the amounts and ways in which Members can pay for their Membership Subscriptions. We always try to be transparent and open in our pricing, and give reasonable notice for increases and upcoming renewal charges.
  • All arrangements between Artists, Clients and other Users are your responsibility. The Website is meant for the facilitation of new work, and ticketing and transaction fees are your responsibility.
  • If your payment declines due to insufficient funds, expired card or reasons outside our control, we are not liable to reimburse you. Payments scheduled to occur on weekends and public holidays will take place on the next working day.
  • We are registered for GST. All our fees are charged in AUD + GST.

6. Liability

  • To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Website or downloading of any material posted on it or on any website linked to it. We recommend Clients ensure they have up-to-date virus checking software installed.
  • To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to your use of our Website, Services and your provision of your Artists’ Services, including without limitation anything stemming from your negligence, communications with Clients, the actual delivery of the Artists’ Services (and any relevant goods or physical products, and dispute or complaint regarding the completion of the Artists Services, or any refunds or payment. You should address such complaints directly with the Artist.
  • You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Website, or these Terms.
  • You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production whatsoever, arising out of Artists’ Services, or your delivery of the Artists’ Services, including without limitation where such losses arise due to your negligence, or the negligence of any sub-contractors you have engaged.
  • You acknowledge and agree the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
  • Assorted Grains Inc is not liable for any injury, loss or damage that might arise through use of this Website. The existence of listings and any advertising on this Website page does not constitute a guarantee or endorsement of the quality, value or suitability of the products, or services so listed or advertised.
  • You further acknowledge and agree that Assorted Grains Inc shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
  • We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
  • You agree not to hold Assorted Grains Inc responsible for any breach of data, that may occur as a result of hacking or malicious activity.
  • This clause 6 survives termination or expiry of these Terms.

7. Indemnity

  • To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.
  • You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.
  • You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any other Artist(s) or Client(s) due to your actions, and you indemnify us from and against any and all claims by any such parties in relation to your actions.
  • This clause 7 survives termination or expiry of these Terms.

8. Intellectual Property

  • We agree and acknowledge that you, as an Artist, continue to own any of your Intellectual Property Rights and moral rights that arise in your provision of Artists’ Services to Clients you are connected with through the Website.
  • You may assign licence or assign your Intellectual Property Rights arising in connection with your Artists’ Services, Website or these Terms to any Client(s) or other entities as you see fit.
  • You may not modify or copy the layout or appearance of the Website or any computer software or code contained in the Website, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Website.
  • By uploading, posting, transmitting or otherwise making available any Material via the Website, Directory, Event Calendar, or Listings, you:
    • grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the Material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the Material; and
    • represent and warrant that you either own the Intellectual Property Rights in that Material or have the necessary permission to upload, post, transmit or otherwise make available that Material via the Website, Directory or Event Calendar.
  • This clause 8 survives termination or expiry of these Terms.

9. Linking to the Website

  • You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.
  • You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).
  • The Website must not be framed on any other website.
  • We reserve the right to withdraw linking permission under this clause 9 by updating these Terms on the Website.

10. General

  • Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
  • A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
  • These Terms are governed by the laws of Queensland, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts exercising jurisdiction there.

Last updated 29/06/2023