Musoapp.com.au User Agreement


1 WHO, WHAT & WHERE


1.1 Musoapp.com.au (“the Site”) is owned & operated by Muso – We Hear You Pty Ltd ABN 40 612 338 011 (“Muso”). In this User Agreement (“Agreement”), “us”, “we” and “our” refer to Muso and references to “you” and “your” is to you, the end user. “Site” refers to any product, interface, platform, system, service created and operated by Muso, including but not limited to the webpages and apps that constitute Muso’s core offering. This Agreement is made in accordance with the laws prevalent in Melbourne, Australia.


2 HOW IT WORKS


2.1 Muso makes it easier for hirers or consumer of live music and DJ performances (“Hirers” and providers of live music and DJ performances (“Artists”) to connect, book and manage and transact payment for musical performances (“Gigs”).


2.2 The Site is an online platform that enables registered users of the Site (“Members” or “Users”) to:

(a) List and profile themselves as musicians available for Gigs (“Artists”);

(b) List and profile themselves as venues, businesses or individuals interested in hiring Artists (“Hirers”);

(c) Make bookings for Artists for Gigs (“Bookings”); and

(d) Make and receive payment for Bookings including Muso fees (“Fees”).

(all together called the “Services”).


2.3 You agree and accept that this is the way Muso works:

(a) Artists and Hirers connect on the Site;

(b) The Hirer uploads an event card with all event details outlined.

(c) Artists ‘show interest’ in the hirer’s event, meaning that they are, at that point in time, interested in performing for the hirer for that specific event, are available to play that specific event and are satisfied to do so at the the advertised gig fee and understand all requirements and details of the gig as advertised on the “Gig Card”.

(d) The Hirer selects their Artist(s) and sends them an offer to “accept”, confirming the booking for  the Artist on the Site to play a Gig;

(e) The Booker pays the Booking Fees and Artist Fees to Muso and;

(f) Muso pays the Artist Fees to the Artist

(g) Muso shall hold the Artist Fees in escrow for payment to the Artist upon the sooner of the Hirer reviewing the Artists’ performance on the platform, or 48 hours following the performance end time, in the event of a Hirer paying the booking fees with a credit card or for payments which are taken from credit against the hirer’s account. In other cases, including but not limited to direct debiting and post-event invoice payments by the Hirer, Muso will hold any payments to artists until these payments are made by the Hirer to Muso. In this event and at this time, Muso will immediately release payment to the artist. Booking Fees are released immediately to Muso.

(h) Refunds are made in accordance with the Cancellation & Refund Policy in this Agreement.


3 WHAT YOU AGREE TO WHEN USING THE SITE


3.1 By using the Site you agree to be bound by this Agreement. If you do not agree with the terms of this Agreement you must immediately stop using the Site.


3.2 Until registered, you are an “unregistered user” and you do not have the authority, implied or express, to access the Services, and Muso disclaims all liability in relation to your use of this site.


3.3 We may change, update or otherwise amend this Agreement at our absolute discretion by giving your notice, which shall become effective the next time that you use the Services.


3.4 You acknowledge & accept the Privacy Policy and any other terms or conditions found on the site.

 

4 WHO CAN USE THE SITE & ACCESS THE SERVICES


4.1 You are granted a non-exclusive, limited and revocable license to access the Site on the condition that:

(a) As an artist you are over the age of 18 or accompanied by a responsible adult if under 18 whilst at gigs;

(b) As a Hirer you are the rightful authority to make bookings for the venue, location, property or event that you are advertising on the Event Card or as expressed on your Profile or Account, or as otherwise specified.

 (c) You only use the Site for lawful purposes;

(d) You do not engage in any improper, indecent or offensive behaviour; including but not limited to uploading inappropriate or offensive content, engaging in inappropriate or offensive interactions, acting inappropriately or offensively at gigs, or any other action deemed in such a manner as otherwise specified in Muso’s Artist and Hirer Agreements.

(e) You are not breaking any local, state or federal law in your relevant jurisdiction (or the State of New South Wales in Australia) by accessing this Site; and

(f) You will treat the Site and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us).

 

5 REGISTRATION & MEMBERSHIP


5.1 To use the Services of the Site you must sign up. To become a Muso User, you must:

(a) Have the right to work in Australia under Australian Commonwealth Law.

(b) warrant that you are capable of fulfilling the obligations that you enter into with other Users.

5.2 You must provide us with accurate personal and contact information. You will only represent yourself (unless officially and rightfully engaged by the respective third party being represented) and will not create false aliases or impersonate any other person (with or without their consent) while using the Site.

5.3 You must maintain your username & password to access the Site. It is your responsibility to keep your username & password secure and you indemnify us for any loss or damage we suffer as a result of unauthorised access to your account. You are solely responsible for the use of your account, irrespective of who it utilising it, whether with or without your permission.

 

6 BOOKINGS & GIGS


6.1 A Booking is made when an Artist agrees to play a Gig for a Hirer at the rate offered by the Hirer, by “accepting” their “Offer”.


6.2 You must pay the Booking Fees to Muso for a Booking. No Bookings will be confirmed by Muso until

either of the following events are satisfied: 1) a credit card is loaded and funds are pre-authorised, 2) credit has been administered to the Hirer’s account (by prior invoice or otherwise) and has sufficient funds for the booking, 3) a direct debit system has been set up to draw funds from, or 4) the Hirer has entered into a routine invoicing agreement for regular payments directly after the performances of artists booked on their profile and are to be paid within a mutually agreed timeframe.


6.3 Members that are parties to a booking agree to the Terms of the Gig in addition to the terms of this Agreement. In the extent of an inconsistency, the terms of the Terms of the Gigs shall prevail.


6.4 The Booking shall be complete and final payment shall become due (and payable/releasable), either, when the Gig has been performed, or a defined time period after the Gig has been performed – depending on the individual Hirer’s method of payment of the Booking Fees.


7 GIG TERMS


7.1 Each booking is subject to the Gig Terms as set out by the Hirer. The Gig Terms also include any special conditions agreed to by the Members party to the Booking and includes any such things as:

(a) Artist Fees;

(b) Start and finish times;

(c) Duration;

(d) Required/supplied or “provided” equipment;

(e) Insurance requirements;

(f) Event instructions;

(g) Location;

(h) Gig brief/requirements of performance


7.2 Where a party believes another is in breach of the Gig Terms or this Agreement, they must inform the other party and Muso in writing as soon as possible, and no longer 24 hours after the gig completion.


7.3 If you claim to have or are required to have public liability insurance you must provide evidence of your cover to Muso if so requested. Muso reserves the right to not book Gigs where such evidence has not been supplied to Muso.

 

8 FEES


8.1 For each Booking, you agree to pay Muso as and when required on the Site and under this Agreement for:

(a) Commission Fees - at the rates and terms set by Muso

(b) Hirer Booking Fees â€“ at the rates and terms set by Muso

(the “Fees”).


8.2 Unless specified otherwise all total booking Fees rendered are deemed inclusive of GST in accordance with the terms of this Agreement.

 

9 PAYMENTS, RECEIPTS & INVOICES

Muso accepts payments from major credit cards, accepts payments via invoice and direct debit and processes payments to any Australian bank account.


9.1 You agree to pay all Fees required under this Agreement.


9.2 All Fees shall be paid to Muso through the Site using a valid credit card, or a valid bank account or other valid payment method rightfully authorised for use to the Hirer.


9.3 Muso will issue a tax invoice for the Booking Fees. Muso will issue a receipt for all payments it receives.


9.4 Muso will hold any payments it receives for Artist Fees from Bookers on escrow until the artist has been reviewed or 48 hours has lapsed since the performance end time in the event of credit card payments or payments which are taken from credit against the hirer’s account. In other cases, including but not limited to direct debiting and post-event invoice payments by the Hirer, Muso will hold any payments to artists until these payments are made by the Hirer to Muso. In this event and at this time, Muso will immediately release payment to the artist.


9.5 Muso shall be entitled to release any Fees it holds on escrow 48 hours after the Gig performance end time if the Hirer has not notified Muso that the Artist cancelled or did not show.


10       CANCELLATION & REFUND POLICY


10.1    Artist Cancellation

(a)       All Booking cancellations must be made using the Site.

(b)       Upon cancellation of a Booking by the Artist, the Artist is to receive a star-rating for that gig that follows the below parameters;


           i) If Event Created > 1 month from Event Start time & is cancelled 72- 96 Hours Prior = 2-star rating punishment. If Gig is cancelled exactly 72 hours prior, then artist receives this star-rating cancellation punishment

ii) If Event Created > 1 month from Event Start time & is cancelled 48 – 72 Hours Prior = 1-star rating punishment. If Gig is cancelled exactly 48 hours prior, then artist receives this star-rating cancellation punishment

iii) If Event Created > 1 month from Event Start time & is cancelled 0 – 48 Hours Prior = 0-star rating punishment.

iv) If Event Created < 1 month from Event Start time & is cancelled 48 - 72 Hours Prior = 3-star rating punishment. If Gig is cancelled exactly 48 hours prior, then artist receives this star-rating cancellation punishment

v) If Event Created < 1 month from Event Start time & is cancelled 24 – 48 Hours Prior = 2-star rating punishment. If Gig is cancelled exactly 24 hours prior, then artist receives this star-rating cancellation punishment

vi) If Event Created < 1 month from Event Start time & is cancelled 12 – 24 Hours Prior = 1-star rating punishment. If Gig is cancelled exactly 12 hours prior, then artist receives this star-rating cancellation punishment

vii) vi) If Event Created < 1 month from Event Start time & is cancelled 0 – 12 Hours Prior = 0-star rating punishment.

(c)       Notification of the cancellation shall be sent to the Artist and the Booker via email.

(d)       All Fees shall be refunded immediately to the Booker; and

(e)       Muso shall not be liable to Users to provide alternative Artists or Bookings and is in no way liable for any loss suffered as a result of a cancellation.


10.2    Hirer Cancellation

(a)       All Booking cancellations must be made using the Site.

(b)       Upon cancellation of a Booking by the Hirer, the Hirer will be charged for the booking as per the below parameters;

i) 12 - 24 hours Prior – 25% of the Event fee will be charged to cover the Artist’s expenses. If Event is cancelled exactly 24 hours prior, then Hirer is to be charged this fee.

ii) 3 - 12 hours prior – 50% of the Event fee will be charged to cover the Artist’s expenses. If Event is cancelled exactly 12 hours prior, then Hirer is to be charged this fee.

iii) 0 - 3 hours prior – 100% of the Event fee will be charged to cover the Artist’s expenses. If Event is cancelled exactly 3 hours prior, then Hirer is to be charged this fee.

(c)       Notification of the cancellation shall be sent to the Artist and the Hirer via email.

(d)       Muso shall not be liable to Members to provide alternative Artists or Bookings and is in no way liable for any loss suffered as a result of a cancellation.           


11 DISPUTE RESOLUTION POLICY


11.1 All Users agree to and accept the Muso’s published dispute resolution policy (if any) as updated from time-to-time, or in accordance with this Agreement. Users must work in good faith to resolve disputes. Muso accepts no liability for disputes between Users and reserves the right to require Users to resolve disputes directly.


12 NON-CIRCUMVENTION


12.1 The Hirer and Artist jointly and severally agree that they will not circumvent the Site, nor use false information, in order to avoid or minimise paying the Booking Fees.

(a) Muso reserves the right to remove an Artist or Hirer profile from the platform if a user is found to be circumventing the platform.

(b) Muso reserves the right to remove an Artist or Hirer account from the platform if a user is found to be circumventing the platform.


13 CONTENT


13.1 In respect of any content that you post on the Site, you warrant that it is:

(a) Accurate (to the best of your knowledge);

(b) Lawful;

(c) Compliant with this Agreement;

(d) Virus free;

(e) Not false, defamatory, misleading or otherwise deceptive in any way, and;

(f) Not offensive or inappropriate;


13.2 We make no warranties as to the accuracy of any content posted by users or Members and accept no liability for errors & omissions in general.


13.3 We reserve the right to remove, amend, edit or in any other way change any post by any user or Member in our absolute discretion.


13.4 By posting on the Site, you grant us a world-wide, non-exclusive, unlimited and irrevocable right to use, publish, market, advertise or otherwise promote the content you post.


13.5 You indemnify us for any loss, damage or claim brought against us as a result of content you post on the Site.


13.6 You warrant that you shall not upload any content that infringes any copyright, trademark or other intellectual property rights of any other entity and indemnify Muso for any loss, damage or claim resulting from such.

 

14 SITE AVAILABILITY


14.1 By using this site you acknowledge that we are not required to keep the Site available for your use and we make no warranties as to its availability.


14.2 We accept no responsibility for the unavailability of this Site, or any offers or services found on the Site, and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Site.


14.3 We make no guarantees, implied or express, as to the ongoing availability of the Site

 

15 INTELLECTUAL PROPERTY


15.1 All content on the Site is the copyright of Muso.


15.2 Without the express written permission of Muso, you shall not:

(a) Replicate all or part of the site in anyway; or

(b) Incorporate all or part of the Site in any other webpage, site, application or other digital or non-digital format.


15.2 Muso has moral & registered rights in its trademarks and you shall not copy, alter, use or otherwise deal in the marks without the prior written consent of Muso.


15.3 You agree that by using the site you will not copy the Site or the services that it provides for your own commercial purposes. You indemnify us for any loss or damage we suffer as a result of your breach of this warranty.


16 THIRD PARTY WEBSITES & ADVERTISING


16.1 The Site may contain information & advertising from third-party businesses, people & websites (“Third-Parties”). You consent to receiving this information as part of your use of the Site.


16.2 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.


16.3 By agreeing to the terms and conditions you agree to let us use your email data for marketing and retargeting purposes.

 

17 FEEDBACK & RATINGS


17.1 A feedback and rating system may be available on the site to comment about events, Users & Members. You accept that your conduct as a user, Member, party to a transaction, attendee, date or other capacity (as applicable) could be discussed on the Site in the interest of determining your suitability as such for other Users and/or Members.


17.2 We reserve the right to remove any feedback or ratings at our sole discretion.

 

18 LIMITATION OF LIABILITY & INDEMNITY


18.1 You agree that you use the Site at your own risk.


18.2 You acknowledge that we are not responsible for the conduct or activities of any user or Member and that we are not liable for such under any circumstances.


18.3 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Site, including any breach by you of this Agreement.

18.4 Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Muso specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between hirers and artists.


18.5 Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to:

(a) the re-supply of services or payment of the cost of re-supply of services; or


18.6 You agree that any taxation related to any transactions made via the site between Users and/or Members is the sole responsibility of the parties to that transaction and that Muso accepts no liability or responsibility for taxation matters in that regard.

 

19 PRIVACY POLICY


19.1 You acknowledge and accept the Privacy Policy.


19.2 You agree that you will not do anything that shall compromise Muso’s compliance with its Privacy Policy nor do anything contrary to the Privacy Policy insofar as your use of the Site is concerned.


19.3 We may amend the Privacy Policy from time-to-time without notice and at our absolute discretion, and by continuing to use the Site you accept such changes.

 

20 TERMINATION & CANCELLATION


20.1 Either party may end this Agreement immediately by giving the other party written notice. It is not essential to provide reasons for the termination. Where this Agreement has been terminated you must immediately cease using the Site.


20.2 Your use of the Site may be cancelled at any time, for any reason, by Muso on a temporary or permanent basis by Muso giving you written notice. You must immediately cease using the Site should you receive a notice cancelling your licence to use the Site.


21 COMPLAINTS & DISPUTES


21.1 We reserve the right to remove any content from the Site that you post which is the subject of a complaint by another user or Member, irrespective of whether that complaint is justified or reasonable.


21.2 You agree to remove any contentious content immediately upon request by us.


21.3 Should you have a complaint about content on the Site you should report it to us immediately. We may or may not investigate your complaint, depending on its nature.


21.4 If you have a dispute with us or another user or Member in relation to your use of the Site of the conduct of others on the Site, you must report the dispute to us so that we may investigate and assist in the resolution of the dispute (where possible) in accordance with the Dispute Resolution Policy.


22 LOCATION INFORMATION


22.1 Depending on the Muso services that you use, and your app settings or device permissions, we may collect your precise or approximate location information as determined through data such as GPS, IP address and WiFi.

(a)  If you are an artist, Muso collects location information when the Muso app is running in the foreground (app open and on-screen) or background (app open but not on screen) of your device.

(b)  If you are a hirer and have provided permission for the processing of location data, Muso collects location information when the Muso app is running in the foreground. In certain regions, Muso also collects this information when the Muso app is running in the background of your device if this collection is enabled through your app settings or device permissions.

(c)  Artists and hirers may not use the Muso app without enabling Muso to collect their location information. This functionality is crucial to the use of the Muso app in respect to matching artists and hirers based on the location of both parties.


23 ARTIST & HIRER USER AGREEMENTS


23.1 By using this site you acknowledge that you will abide by the below artist and hirer agreements;


23.2 Artist Agreement

(a) Arrival at Gig

1.    In the event that a setup time is stipulated, Artists will arrive promptly at that time.

2.    Otherwise, Artists will arrive to every Gig 30 minutes prior to scheduled start time.

3.    If the Artist is running late and is unable to attend the Gig at the agreed time, the Artist will ensure that they promptly communicate with the Hirer via Muso Chat.

(b) Checklist

1.    Artists will at all times remain fully aware of what is required of them prior to arriving at the Gig.

2.    Artists should make relevant inquiries with the Hirer as to what is required of them, including but not limited to the following;

a.    Equipment needed

b.    Start and finish times

c.    Set duration

d.    Song requests

(c) At the Gig

1.    Muso Artists will behave in a professional and courteous manner at all times in the performance of the Gig.

2.    The Artist will not act in any inappropriate, offensive or disrespectful manner to both Hirers and Patrons.

3.    The Artist will ensure that they are dressed in an appropriate manner at all times.

4.    The Artist will not damage or destroy any items relating to the property or venue the gig is held at.

a.    If the Artist is responsible for damage or destruction of the property or venue, they will be liable for costs associated with damage or destruction.

 (d) Working in Australia

1.    All Artists who use Muso must be eligible to work in Australia under Australian Commonwealth Law. Hiring/employing at Artist who is not eligible, is a breach of this law.


23.3 Hirer Agreement

(a) Arrival of Artists

4.    Artists are required to arrive promptly as per the setup time, otherwise 30 minutes prior the scheduled start time.

5.    At this time, Hirers will either themselves, or have organised for someone on their behalf to be available to meet the Artist and show them to the setup area.

6.    The Hirer will at this time provide all equipment as stipulated in the “Equipment Provided” section on the Event Card and help the Artist set up.

7.    If the Hirer is unable to fulfil the above, the Hirer will ensure that they promptly communicate all instructions in clear detail with the Artist via Muso Chat.

(b) Checklist

3.    Hirers will at all times remain fully aware of what is required of them prior to their Artist(s) arriving at the Event.

4.    Hirers should make relevant contact with the Artist as to what is required of them, including but not limited to the following;

a.    Equipment needed

b.    Equipment provided

c.    Meeting point

d.    Venue contact for the Artist

e.    Start and finish times

f.     Set duration

g.    Song requests

(c) At the Event

5.    Muso Hirers will provide a safe environment for the Artist from the point of entry until departure from their event.

6.    Muso Hirers will mitigate any potential risks to the Artist in association with their performance or presence at the Event.

7.    Muso Hirers will behave in a professional and courteous manner at all times towards the Artist, prior to, during and following the commencement of the performance.

8.    The Hirer will not act in any inappropriate, offensive or disrespectful manner to the Artist

(d) Working in Australia

2.    All Artists who use Muso must be eligible to work in Australia under Australian Commonwealth Law. Hiring/employing at Artist who is not eligible, is a breach of this law.



24 NOTICES


24.1 You can direct notices, enquiries, complaints and so forth to Muso at: Muso – We Hear You Pty Ltd.

info@musoapp.com.au


We will notify you of a change of details from time-to-time.


24.2 We will send you notices and other correspondence to the details that you submit to the Site, or that you notify us of from time-to-time. It is your responsibility to update your contact details as they change.


25 GENERAL


25.1 Nothing in this agreement shall be deemed to form a relationship between Muso and you of joint venture, partnership, employment or other association in any way other than parties to this Agreement.


25.2 Any provision of this Agreement, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of this Agreement, so far as is reasonably practicable.


25.3 This Agreement is part of an ecommerce transaction and the parties agree that this Agreement shall be accepted electronically and this Agreement formed and validly entered into electronically.


25.4 The termination of this Agreement does not affect the parties’ rights in respect of periods before the termination of this Agreement.