Welcome to Instaband, the booking app for artists, venues and lovers of music!
1. Our Disclosures
Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:
To the maximum extent permitted by law, the Instaband Fee is non-refundable;
Our liability under these Terms is limited to us repaying you the amount of the Instaband Fees paid by you to us to which the Liability relates, and we will not be liable for Consequential Loss;
We will have no liability for any aspect of the Venue, Consumer and Entertainer interaction including the services offered by the Entertainer, the description of the services requested or offered, any advice provided, the performance of services and any event outside of our reasonable control;
We receive a service fee from each Entertainer for payments made through the Platform; and
We will handle your personal information in accordance with our privacy policy, available at https://instaband.app/privacy-policy;
Nothing in these terms limit your rights under the Australian Consumer Law.
2. Introduction
These terms and conditions (Terms) are entered into between FULLNOTE PTY LTD T/A INSTABAND (ACN 664 041 409) (we, us or our) and you, together the Parties and each a Party.
We provide a platform where artists, dancers, musicians, DJs and other entertainers (Entertainers), performance locations, booking agents and event organisers (Venues) and members of the public (Consumers) can connect and book Gigs (Platform).
In these Terms, you means (as applicable) the person or entity registered with us as either a Venue, an Entertainer or a Consumer, or the individual accessing or using the Platform.
If you are using the Platform on behalf of your employer or a business entity, you, in your individual capacity, represent and warrant that you are authorised to act on behalf of your employer or the business entity and to bind the entity and the entity's personnel to these Terms.
3. Acceptance and Platform Licence
You accept these Terms by registering on the Platform.
You must be at least 16 years old to use the Platform.
We may amend these Terms at any time, by providing written notice to you. By clicking “I accept” or continuing to use the Platform after the notice or 30 days after notification (whichever date is earlier), you agree to the amended Terms. If you do not agree to the amendment, you may terminate these Terms and cancel your Account in accordance with the Termination clause.
If you access or download our mobile application from (1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android, Google Inc. Terms and Conditions including the Google Apps Terms of Service.
We may use third party APIs such as SoundCloud, Spotify, Instagram, Facebook, and YouTube (Third Party APIs). Your use of any Third Party APIs is subject to additional terms of service.
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to download and use our Platform in accordance with these Terms. All other uses are prohibited without our prior written consent.
When using the Platform, you must not do or attempt to do anything that is unlawful or inappropriate, including:
anything that would constitute a breach of an individual's privacy (including uploading private or personal information without an individual's consent) or any other legal rights;
using the Platform to defame, harass, threaten, menace or offend any person;
using the Platform for unlawful purposes;
interfering with any user of the Platform;
tampering with or modifying the Platform (including by transmitting viruses and using trojan horses);
using the Platform to send unsolicited electronic messages;
using data mining, robots, screen scraping or similar data gathering and extraction tools on the Platform; or
facilitating or assisting a third party to do any of the above acts.
4. Accounts
You must register on the Platform and create an account (Account) to access the Platform's features.
You may only have 1 Account on the Platform which you can use as an Entertainer, as a Venue and as a Consumer.
You must provide basic information when registering for an Account including, as applicable, your business name, contact name, email address, business structure, ABN, payment details and media, and you must choose a username and password. As an Entertainer, you must link your Stripe merchant account to your Account before you may start accepting Gig Requests. The username you choose must not (1) be offensive or in other ways insulting or (2) contain characteristics which belong to a third party, including names of famous persons, or personal names to which you do not own the rights.
You may also register for an Account using your Facebook, Google or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
Once you have registered an Account, your Account information will be used to create a profile which you may then curate.
All personal information you provide to us will be treated in accordance with our Privacy Policy.
You agree to provide and maintain up to date information in your Account and to not share your Account password with any other person. Your Account is personal and you must not transfer it to others.
You are responsible for keeping your Account details and your username and password confidential and you will be liable for all activity on your Account, including purchases made using your Account details. You agree to immediately notify us of any unauthorised use of your Account.
If you are an Entertainer, we will review your request for an Account before approving the request. We may request additional information, including your mobile number. If you do not provide us with information we reasonably request, we may refuse to create an Account for you. If you provide us with any information which indicates you are not a fit and proper person to be provided with an Account, we may refuse to provide you with an Account, in our sole discretion.
We may make access to and use of certain parts of the Platform subject to conditions or requirements, including identity verification, cancellation history, quality of services and threshold of reviews.
5. Platform Summary
The Platform is a marketplace where Venues, Consumers and Entertainers can showcase their talent or location, find each other, and advertise and book Gigs online. We provide the Platform to users (including hosting and maintaining the Platform), process payments between Venues, Consumers and Entertainers, and provide promotional opportunities for Entertainers (together the Instaband Services). You understand and agree that we only make available the Instaband Services. We are not party to any agreement entered into between a Venue, a Consumer and an Entertainer and we have no control over the conduct of Consumers, Entertainers, Venues or any other users of the Platform.
An Entertainer wanting to provide services creates an Account on the Platform and posts an accurate and complete description of the services they can provide, including the fees for the services (Gig Fees) and their location, artist type, the number of members, showreels or track lists, genres and available times (Entertainer Profile).
A Venue or Consumer wanting to buy services creates an Account on the Platform to view and browse nearby Entertainer Profiles.
A Venue or Consumer may request to purchase the services described in an Entertainer Profile by sending a request through the Platform. The request is an offer from the Venue or Consumer to the Entertainer to book the services described in the Entertainer Profile (Gig Request).
A Venue or Consumer may also post an accurate and complete description of the services they require and their facilities through the Platform (Gig Post).
If an Entertainer desires to provide services to a Venue or Consumer in accordance with a Gig Post, the Entertainer will make an offer through the Platform detailing the services to be provided and the cost, including any GST payable (Offer).
Venues, Consumers and Entertainers can message each other through the in-account message feature to negotiate the Gig Fees, discuss any additional equipment, instrument or spatial requirements, and agree on the services to be provided.
If the Entertainer accepts the Gig Request through the Platform, or a Venue or Consumer accepts an Offer through the Platform, it becomes a Confirmed Booking.
By accepting a Gig Request or making an Offer, the Entertainer confirms that it is legally entitled to and capable of supplying the services described in the Gig Request and/or Offer.
Entertainers must include all additional terms and conditions relating to their services in the relevant Entertainer Profile or must clearly state that there are additional terms and conditions, including any spatial, equipment or instrument requirements. By sending a Gig Request, a Venue or Consumer is accepting the additional terms and conditions of the relevant Entertainer.
6. Promotional Opportunities and Discount Codes
As a Consumer or Venue, we may from time-to-time issue to you promotional discount codes for use on the Platform. To claim the discount, you must enter the promotional discount code at the time of submitting your Gig Request on the Platform. The conditions of use relating to promotional discount codes will be set out on the Platform. We may also from time to time run competitions on the Platform or on social media. These competitions are subject to terms and conditions which will be made available on the Platform at the time of the competition.
7. Communication
We may contact you via the Platform using in-Account notifications, or via off-Platform communication channels, such as text message or email.
Venues, Consumers and Entertainers can communicate privately using our private messaging service or offline using the listed contact details once a Gig Request or Offer has been made. Venues and Entertainers must not use the contact details to organise the provision of the services off the Platform, or otherwise to attempt to circumvent the payment of Service Fees to us.
8. Payments
As a Venue or Consumer, you agree to pay (and your chosen payment method will be charged) the Gig Fees or the fees in the Entertainer's Offer when a Gig Request is accepted and becomes a Confirmed Booking or when you accept an Offer.
In consideration for providing the Platform, we will charge the services fees (not including any third-party payment processing fees) to the Entertainer as set out on the Platform (Instaband Fee). The Instaband Fee will be deducted from the Gig Fees, and will be paid to us at the same time as the Venue or Consumer pays the Gig Fees through the Platform.
Upon receipt of the Gig Fees from the Venue, our third party payment processor (currently Stripe) will hold the Gig Fees minus our Instaband Fee until such time as you have completed the services in the Confirmed Booking, or until such time as the Gig Fees are refunded to the Venue or Consumer (if the Venue or Consumer is entitled to a refund in accordance with these Terms).
We may pre-authorise or charge your payment method for a nominal amount to verify the payment method.
The payment methods we offer for the Instaband Fees and for the Gig Fees are set out on the Platform. We may offer payment through a third-party provider for example, Stripe. You acknowledge and agree that we have no control over the actions of the third-party provider, and your use of the third-party payment method may be subject to additional terms and conditions.
You must not pay, or attempt to pay, the Gig Fees or the Instaband Fees by fraudulent or unlawful means. If you make a payment by debit card or credit card, you warrant that you are authorised to use the debit card or credit card to make the payment.
You agree that we may set-off or deduct from any monies payable to you under these Terms, any amounts which are payable by you to us (whether under these Terms or otherwise).
We do not store any credit card details, and all payment information is collected and stored through our third-party payment processor.
9. Refunds and Cancellation Policy
The cancellation, variation, or refund of any services ordered on this Platform is a matter between the relevant Venue and Entertainer, subject to the following clauses.
If: (1) Venue or Consumer and Entertainer mutually agree to cancel a Confirmed Booking; (2) following reasonable attempts by a Venue or Consumer to contact an Entertainer for the Entertainer to fulfil the Confirmed Booking, the Confirmed Booking is cancelled; or (3) the Entertainer cancels a Confirmed Booking less than 24 hours before the event; and (4) we are satisfied that the Gig Fees should be returned to the Venue or Consumer, we will return the Gig Fees to the Venue or Consumer, provided that the Gig Fees have not yet been paid to the Entertainer. To the maximum extent permitted by law, the Venue and Consumer acknowledge and agree that the Instaband Fee is not refundable.
For disputes between Venues, Consumers and Entertainers, we encourage Parties to attempt to resolve disputes (including claims for returns or refunds) with the other Party directly and in good faith, either on the Platform or through external communication methods. In the event that a dispute cannot be resolved through these means, the Parties may choose to resolve the dispute in any manner agreed between the Parties or otherwise in accordance with applicable laws.
This clause will survive the termination or expiry of these Terms.
10. Identify verification
If we choose to conduct identity verification or background checks on any Venue or Entertainer, to the extent permitted by law, we disclaim all warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Venue or Entertainer or guarantee that a Venue or Entertainer will not engage in misconduct in the future. Any verification of Entertainers on the Platform is not an endorsement or recommendation that the Entertainer is trustworthy or suitable. You should do your own due diligence before using an Entertainer's services.
You acknowledge and agree that (1) the Identity Check may not be fully accurate, as it is dependent on the information provided by the relevant individual or business and/or information or checks performed by third parties; and (2) you should not rely on the Identity Checks, and you should make your own inquiries as to the accuracy, legitimacy, validity, credibility or authenticity of any users of the Platform.
11. Reviews
Entertainers may review their experience with the Venue or Consumer on the Platform, and Venues or Consumers may review the Entertainer on the Platform, including the services (each a Review).
Reviews can be viewed by any user and will remain viewable until the relevant Account is removed or terminated.
You agree to provide true, fair and accurate information in your Review. If we consider that the Review is untrue, unfair, inaccurate, offensive or inappropriate, we may delete the Review or ban you from posting the Review. We do not undertake to review each Review. To the maximum extent permitted by law, we are not responsible for the content of any Reviews.
You can write a Review about an Entertainer if you have had an experience with that Entertainer, which means that (1) you have engaged the Entertainer through the Platform; or (2) you can otherwise document your interaction with the Entertainer in relation to the Platform, including via correspondence (collectively referred to as a Venue/Consumer Experience).
You can write a Review about a Venue or Consumer if you have had an experience with that Venue or Consumer, which means that (1) you have been engaged by the Venue or Consumer through the Platform; or (2) you can otherwise document your interaction with the Venue or Consumer in relation to the Platform, including via correspondence (collectively referred to as an Entertainer Experience).
You may not write a review about an Entertainer you have previously known, currently know, or which an immediate family member currently knows, or if you are an executive, manager or employee of that Entertainer, or work for the Entertainer. Similarly, you may not write a Review about a direct competitor to the Entertainer that you know, are employed by or work with.
Your Venue/Consumer Experience or Entertainer Experience must have occurred in the 12 months prior to you writing a Review.
You may only write about your own Venue/Consumer Experience or Entertainer Experience. You are not permitted to write a Review about somebody else's Venue/Consumer Experience or Entertainer Experience, such as that of a family member or friend.
You are encouraged to be specific and factual in your Reviews. If you have been offered an incentive by an Entertainer to write a Review, you should include information about this in your Review. Incentives include the Entertainer offering you a gift, reward, discount or advantage for writing a Review about the Entertainer on the Platform.
This clause will survive the termination or expiry of these Terms.
12. Intellectual Property
All intellectual property (including copyright) developed, adapted, modified or created by us or our personnel (including in connection with the Terms, any content on the Platform, and the products) (Our Intellectual Property) will at all times vest, or remain vested, in us.
We authorise you to use Our Intellectual Property solely for the purposes for which it was intended to be used.
You must not, without our prior written consent:
copy, in whole or in part, any of Our Intellectual Property;
reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of Our Intellectual Property to any third party; or
breach any intellectual property rights connected with the Platform, including (without limitation) altering or modifying any of Our Intellectual Property; causing any of Our Intellectual Property to be framed or embedded in another website; or creating derivative works from any of Our Intellectual Property.
Nothing in the above clause restricts your ability to publish, post or repost Our Intellectual Property on your social media page or blog, provided that:
you do not assert that you are the owner of Our Intellectual Property;
unless explicitly agreed by us in writing, you do not assert that you are endorsed or approved by us;
you do not damage or take advantage of our reputation, including in a manner that is illegal, unfair, misleading or deceptive; and
you comply with all other terms of these Terms.
This clause will survive the termination or expiry of these Terms.
13. Content you upload
You may be permitted to post, upload, publish, submit or transmit relevant information and content including media files and Reviews (User Content) on the Platform. We may run campaigns via the Platform and via social media that encourage you to post User Content on social media using specific hashtags (#) (Tag).
If you make any User Content available on or through the Platform, including on social media using a Tag, you grant to us a worldwide, irrevocable, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, publicly display, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through or by means of the Platform. We agree to only modify User Content to the extent reasonably required by us. You may request that any of your User Content is removed from the Platform or social media by sending us an email to the address at the end of these Terms. We will endeavour to action any removal requests within a reasonable time.
You agree that you are solely responsible for all User Content that you make available on or through the Platform, including on social media using a Tag. You represent and warrant that:
you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content (as contemplated by these Terms); and
neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform (including on social media) will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
We do not endorse or approve, and are not responsible for, any User Content. We may, at any time (at our sole discretion), remove any User Content.
This clause will survive the termination or expiry of these Terms.
14. Warranties
You represent, warrant and agree that:
you will not use our Platform, including Our Intellectual Property, in any way that competes with our business;
there are no legal restrictions preventing you from entering into these Terms;
all information and documentation that you provide to us in connection with these Terms is true, correct and complete;
you have not relied on any representations or warranties made by us in relation to the Platform (including as to whether the Platform is or will be fit or suitable for your particular purposes), unless expressly stipulated in these Terms;
where you are an Entertainer, you are responsible for complying with all laws, rules and regulations which apply to providing the services in your Entertainer Profiles; and
where you are an Entertainer, you are appropriately qualified, and have any required skills, knowledge or training, to provide the services.
15. Australian Consumer Law
Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights, warranties, guarantees and remedies relating to the provision of the Platform by us to you which cannot be excluded, restricted or modified (Consumer Law Rights).
If the ACL applies to you as a consumer, nothing in these Terms excludes your Consumer Law Rights as a consumer under the ACL. You agree that our Liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms.
Subject to your Consumer Law Rights, we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
As a Venue, the services provided by an Entertainer may also confer on you certain rights under the ACL.
This clause will survive the termination or expiry of these Terms.
16. Exclusions to liability
Despite anything to the contrary, to the maximum extent permitted by law, we will not be liable for, and you waive and release us from and against, any Liability caused or contributed to by, arising from or connected with:
any aspect of the Venue, Consumer and Entertainer interaction including the services offered by the Entertainer, the description of the services requested or offered, any advice provided, or the performance of services; and
any event outside of our reasonable control.
You agree to indemnify us for any Liability we incur due to your breach of the Acceptance and Platform Licence clause and the Intellectual Property clause of these Terms.
This clause will survive the termination or expiry of these Terms.
17. Limitations on liability
To the maximum extent permitted by law:
neither Party will be liable for Consequential Loss;
each Party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the acts or omissions of the other Party or any of that Party's personnel, including any failure by that party to mitigate its losses; and
our aggregate liability for any Liability arising from or in connection with these Terms will be limited to us repaying you the amount of the Instaband Fees paid by you to us in respect of the supply of the Instaband Services to which the Liability relates.
This clause will survive the termination or expiry of these Terms.
18. Termination
Your Account and these Terms may be terminated by you at any time, using the 'cancel Account' functionality (or similar) in the Account page section of your Account settings.
These Terms will terminate immediately upon written notice by a Party (Non-Defaulting Party) if:
the other Party (Defaulting Party) breaches a material term of these Terms and that breach has not been remedied within 10 Business Days of the Defaulting Party being notified of the breach by the Non-Defaulting Party; or
Defaulting Party is unable to pay its debts as they fall due.
As an Entertainer, Consumer or Venue, if you repeatedly receive reviews below 3 stars, then this will be considered a breach of a material term for the purpose of the above clause.
Should we suspect that you are in breach of these Terms, we may suspend your Account while we investigate the suspected breach.
Upon expiry or termination of these Terms:
we will remove your access to the Platform;
we will immediately cease providing the Instaband Services;
you agree that to the maximum extent permitted by law, any payments made by you to us (including any Instaband Fees) are not refundable to you;
where you are a Venue or Consumer, we will cancel any existing Confirmed Bookings and the Gig Fees minus the Instaband Fee will be refunded to you;
where you are an Entertainer, we will cancel any existing Confirmed Bookings and refund the relevant Venues or Consumers in accordance with the Refunds and Cancellation Policy clause; and
where we terminate the Terms for any reason, you also agree to pay us our reasonable additional costs directly arising from such termination (including legal fees, debt collector fees and mercantile agent fees).
Termination of these Terms will not affect any rights or liabilities that a Party has accrued under it.
This clause will survive the termination or expiry of these Terms.
19. Notice regarding Apple
To the extent that you are using or accessing our Platform on an iOS device, you further acknowledge and agree to the terms of this clause. You acknowledge that these Terms are between you and us only, not with Apple Inc. (Apple), and Apple is not responsible for the Platform and any content available on the Platform.
Apple has no obligation to furnish you with any maintenance and support services with respect to our Platform.
If our mobile application fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price of the mobile application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the mobile application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
Apple is not responsible for addressing any claims by you or any third party relating to our mobile application or your use of our mobile application, including but not limited to (1) product liability claims; (2) any claim that our mobile application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defence, settlement and discharge of any third-party claim that our mobile application infringes that third party's intellectual property rights.
You agree to comply with any applicable third-party terms when using our mobile application, including any Usage Rules set forth in the Apple App Store Agreement of Service.
Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties.
20. General
Assignment: Subject to the below clause, a Party must not assign or deal with the whole or any part of its rights or obligations under these Terms without the prior written consent of the other Party (such consent is not to be unreasonably withheld).
Assignment of Debt: You agree that we may assign or transfer any debt owed by you to us, arising under or in connection with these Terms, to a debt collector, debt collection agency, or other third party.
Confidentiality: Other than where the disclosure is permitted by law, each Party agrees not to disclose any confidential information it may access on or through the Platform to a third party, or otherwise misuse such confidential information. Confidential information may include confidential information supplied to you by us, by a Venue, Consumer, or by an Entertainer.
Disputes: In relation to a dispute, controversy or claim arising from, or in connection with, these Terms (including any question regarding its existence, validity or termination) (Dispute) between a Venue and us, or an Entertainer and us, a Party may not commence court proceedings relating to a Dispute without first meeting with a senior representative of the other Party to seek (in good faith) to resolve the Dispute. If the Parties cannot agree how to resolve the Dispute at that initial meeting, either Party may refer the matter to a mediator. If the Parties cannot agree on who the mediator should be, either Party may ask the Queensland Law Society to appoint a mediator. The mediator will decide the time, place and rules for mediation. The Parties agree to attend the mediation in good faith, to seek to resolve the Dispute. The costs of the mediation will be shared equally between the Parties. Nothing in this clause will operate to prevent a Party from seeking urgent injunctive or equitable relief from a court of appropriate jurisdiction.
Entire Terms: Subject to your Consumer Law Rights, these Terms contains the entire understanding between the Parties and the Parties agree that no representation or statement has been made to, or relied upon by, either of the Parties, except as expressly stipulated in these Terms, and these Terms supersedes all previous discussions, communications, negotiations, understandings, representations, warranties, commitments and agreements, in respect of its subject matter.
Further assurance: Each Party must promptly do all things and execute all further instruments necessary to give full force and effect to these Terms and their obligations under it.
Governing law: These Terms are governed by the laws of Queensland. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Queensland and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided in your Account. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.
Privacy: Each Party agrees to comply with the legal requirements of the Australian Privacy Principles as set out in the Privacy Act 1988 (Cth) and any other applicable legislation or privacy guidelines.
Publicity: With your prior written consent, you agree that we may advertise or publicise the broad nature of our supply of the Instaband Services to you, including on our website or in our promotional material.
Relationship of Parties: These Terms are not intended to create a partnership, joint venture, employment or agency relationship between the Parties.
Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision) will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.
Third party sites: The Platform may contain links to websites operated by third parties. Unless we tell you otherwise, we do not control, endorse or approve, and are not responsible for, the content on those websites. We recommend that you make your own investigations with respect to the suitability of those websites. If you purchase goods or services from a third party website linked from the Platform, such third party provides the goods and services to you, not us. We may receive a benefit (which may include a referral fee or a commission) should you visit certain third-party websites via a link on the Platform (Affiliate Link) or for featuring certain products or services on the Platform. We will make it clear by notice to you which (if any) products or services we receive a benefit to feature on the Platform, or which (if any) third party links are Affiliate Links.
21. Definitions
Consequential Loss includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Intellectual Property means any copyright, registered or unregistered designs, patents or trade marks, domain names, know-how, inventions, processes, trade secrets or confidential information; or circuit layouts, software, computer programs, databases or source codes, including any application, or right to apply, for registration of, and any improvements, enhancements or modifications of, the foregoing.
Intellectual Property Rights means for the duration of the rights in any part of the world, any industrial or intellectual property rights, whether registrable or not, including in respect of Intellectual Property.
Intellectual Property Breach means any breach by you (or any of your personnel) of any of our Intellectual Property Rights (or any breaches of third party rights including any Intellectual Property Rights of third parties).
Liability means any expense, cost, liability, loss, damage, claim, notice, entitlement, investigation, demand, proceeding or judgment (whether under statute, contract, equity, tort (including negligence), indemnity or otherwise), howsoever arising, whether direct or indirect and/or whether present, unascertained, future or contingent and whether involving a third party or a party to these Terms or otherwise.
For any questions or notices, please contact us at:
FULLNOTE PTY LTD T/A INSTABAND (ACN 664 041 409) Email: hello@instaband.app Last update: 12 October 2022