Here are our terms and conditions ("Terms"), contact us here if you have any other questions.
User Agreement: www.kamio.com.au
Kamio Pty Ltd ACN 620 109 499 ("Kamio", "we", “our" or "us") operates an online platform which allows users to connect and arrange modelling and acting Services through our website at https://www.kamio.com.au/, or any other platform we may introduce in the future ("Kamio Platform").
The Agreement is between Kamio and the user. PLEASE READ THE AGREEMENT CAREFULLY before accessing and using the Kamio Platform.
1.THE KAMIO PLATFORM
1.1. The Kamio Platform provides a platform for:
(a) Brands including people, businesses, agencies or photographers (“Brands") to search and offer modelling or acting Roles to Talent (“Roles");
(b) Talent, being people who are wanting to perform modelling or acting services to create a talent Profile (“Profile"); and
(c) Brands to contract with Talent to perform the Roles.
1.2. A reference to user, you or your in this agreement includes Brands, Talent and any other person that visits or views the Kamio Platform.
1.3. All information provided on the Kamio Platform related to Roles, Profiles, appearance and performance is supplied by the Users. Kamio does not have the ability to or responsibility for reviewing, approving or verifying this information prior to publication on the Kamio Platform.
1.4. The Kamio Platform will be reviewed and updated from time to time. In addition to the information in this clause, the Kamio Platform provides additional information about the Services.
2. KAMIO ACCOUNTS
2.1. Users can create an account with Kamio by validly connecting to Kamio via Facebook or completing and submitting a registration form on the Kamio Platform.
2.2. There are two types of Kamio account, they are:
(a) A Talent account; and
(b ) A Brand account.
2.3. Talent use their Kamio account to create a Profile. The Profile will include images and information provided by the Talent.
3.1. A Brand account allows Brands to create Roles. On creating each Role the Brand will be required to provide the following details for the performance services to be provided by the Talent:
(a) Date, time, duration and location (including street and suburb);
(b) the amount that the Brand will pay the Talent (“Price");
(c) a detailed description of the performance services required and the photographic or video shoot
(d) any other requirements and considerations that may impact the Talent's decision to accept the role; and
(e) any information required to be provided to the Talent by law.
All Roles must include these details to be accepted by Kamio.
3.2. In addition to the mandatory details in clause 3.1, a Brand may choose to specify additional terms for or information about the performance services in the Role. The Role will not include any provisions which conflict with the provisions of this Agreement. In the event of inconsistency between the terms of this Agreement and the Role, the terms of this Agreement take priority.
3.3. All details provided in the Role must be accurate and complete
3.4. The Talent and Brand will communicate about the Role via the Kamio Q&A features of the Kamio Platform. You acknowledge and agree that all questions and answers regarding Roles are visible to all users and can also be viewed by other internet users.
3.5.The Kamio Platform may display the location of Brands and Roles to persons browsing the Kamio Platform.
3.6.A user should never disclose personal details such as an individual's full name, street number, phone number or email address in a Role or in any other public communication on the Kamio Platform.
4. THE TALENT CONTRACT
4.1. Brands will offer the Roles to Talent on the terms of the Talent Contact in Schedule 1 ("Offer"). The Talent Contract will incorporate the Role. Talent can accept the Offer using their Kamio account (but is not under an obligation to do so);
On acceptance of an Offer by the Talent a binding legal contract is formed between the Talent and the Brand on the terms of the Talent Contract.
4.2. Following creation of the Talent Contract, the Role details may not be varied or amended except as agreed between the Talent and the Brand.
4.3. The parties to a Talent Contract agree and understand that Kamio can and will provide their respective email addresses and contact details to the other party to the Talent Contract.
4.5. Brands may withdraw an Offer at any time prior to it being accepted in accordance with clause 4.1. If a Brand in any way updates a Role after an Offer is made but before it has been accepted, Kamio may, at its discretion, cancel the Offer and reissue it to the Talent with the amended Role.
4.6. When you enter into a Talent Contract using the Kamio Platform you create a legally binding contract with another user, unless the transaction is prohibited by law or by this Agreement. If you do not comply with your obligations to another user under a Talent Contract, you may become liable to that other user. If another user breaches any obligation to you, you are responsible for enforcing any rights that you may have against that user.
5.1. Users agree that they will not approach or offer Talent any modelling, acting or other performance roles outside of the Kamio Platform and will not attempt to approach talent found on the Kamio Platform via other media or communications routes.
5.2. Talent agrees that they will only accept Roles from Brands for which an Offer has been made using the Kamio Platform. Talent will use the Kamio Platform to accept Offers and will not use any other media or communications route to accept Offers for Roles.
6. BUSINESS PARTNERS
6.1. From time to time, Kamio may enter into agreements with business partners ("Business Partners") whereby the Business Partners seek to engage Talent in contests, such contests will require the provision of Services which are not rewarded by a payment of a Price but are rewarded by prizes which are contingent on the Talent's success in the contest (“Prize Contracts").
6.2. When an Offer is made to Talent by a Business Partner for a Prize Contract the Offer will indicate that it is a Prize Contract, no money will be paid into the Escrow Account and clause 7 will not apply. Talent who accept Prize Contracts acknowledge and agree that Kamio and or the Business Partner will acquire that Talent's performance services, including resulting images and video, for no monetary fee.
6.3. Business Partners may require offers made to Talent for Prize Contracts to be selected by Kamio. Kamio may use any selection process it deems fit to make this selection and makes no warranty as to the fairness of the selection process nor that it will promote any or all Talent to the Business Partners.
6.4. Before a Business Partner enters into a Prize Contract with Talent, it may require the Talent to enter into additional terms for the engagement ("Business Partner Contract") before the Talent can provide performance services introduced by a Business Partner.
6.5. Where Talent accepts a Prize Contract the Talent must provide the Services to the Business Partner in accordance with the applicable terms of this Agreement and any applicable Business Partner Contract. In the event of inconsistency between this Agreement and the Business Partner Contract, the Business Partner Contract will prevail to the extent of any inconsistency.
7. PAYMENT, REFUNDS AND CREDITS
7.1. The Brand agrees to pay the Price to the Escrow Account as directed by Kamio immediately following formation of the Talent Contract to be held in escrow (“the Payment").
7.2. A Service Fee of twenty per cent (20%) of the Price is payable to Kamio (“Service Fee") and will be deducted from the Payment in accordance with clause 7.3. The Service Fee is non-refundable and cannot be cancelled, subject to your rights under any Non-Excludable Conditions (defined at clauses 7.6 and 14.1).
7.3. The Payment will be held by the Escrow Account and will be automatically released 5 days after the Date of performance and Time of performance listed in the Talent Contract and paid as follows:
(a) the Service Fee will be paid to Kamio; and
(b) the Remuneration will be paid to the Talent. The Remuneration will be the Payment less the Service Fee (“Remuneration").
7.4. Notwithstanding clause 7.3, the Remuneration will not be released to the Talent if the Brand or the Talent lodge a dispute with Kamio within the 5 days period.
7.5. Kamio may from time to time change the Service Fee and the terms applying to payment of the Service Fee. Kamio will notify you of any changes under this clause by message to your Kamio account. Changes to the Service Fee are effective fourteen (14) days after notification to your Kamio account.
7.5. Talent must not charge or attempt to charge the Brand, and the Brand must not pay the Talent any fee over and above the agreed Remuneration unless it has first been disclosed and agreed with Kamio in writing.
7.6. If the Brand and the Talent mutually agree to cancel the Talent Contract or if, following reasonable attempts by the Brand to contact a Talent to perform the Talent Contract, the Talent does not perform the Talent Contract, then provided Kamio is satisfied that the Payment should be refunded and there is no dispute between the Brand and the Talent, Kamio will refund the Payment back into the Brand's nominated account.
7.7. If, for any reason, the Remuneration cannot be transferred to the Talent or the Payment cannot be refunded to the Brand under clause 7.6, the Escrow Account will hold the Payment for up to three months from the date the Payment was made. Following this 3 months Payment will be automatically converted into Kamio credit and credited to whichever of the Talent or the Brand, to whom it was to be transferred.
7.9. Kamio credit,
(a) can be used by the Holder to pay for any new Role via the Kamio Platform;
(b) is not refundable or redeemable for cash; and
(c) expires 12 months from the last date the Kamio credit is topped-up whether by operation of clause 3.4 or any other means..
8. ESCROW ACCOUNT
8.1. Kamio has engaged PromisePay Pty Ltd (ACN 167 436 722) (“PromisePay") to provide payment Services and act as a payment facilitator and escrow agent on behalf of the Brand and Talent (“Escrow Account").
http://promisepay.com/ privacy and terms and conditions which are located at http://promisepay.com/seller_agreement.
8.3. You agree and authorise Kamio to share any information and payment instructions with the Escrow Account and vice-versa.
8.4. Kamio confirms that the Services offered by the Escrow Account are Third Party Services and subject to clause 9.
9. THIRD PARTY SERVICES
9.1. Kamio may from time to time include on the Kamio Platform promotions for and links to Services offered by third parties ("Third Party Services"). These Third Party Services are not provided by Kamio.
9.2. Third Party Services are offered to you pursuant to terms and conditions of the third party. Third Party Services may be promoted on the Kamio Platform as a convenience to our users who may find the Third Party Services of interest or of use.
9.3. If you engage with any Third Party Services provider your agreement will be directly between you and that Third Party Services provider.
10. KAMIO PLATFORM TOOLS
10.1. The Kamio Platform may include tools to assist your experience and use of the Kamio Platform. These tools may include mobile phone verification technology, verification of payment information, user feedback service, a "Reference" feature (allowing a User of the Kamio Service to request other Users to post a reference on the Kamio Platform endorsing that User), and integration with social networking sites such as Facebook, Twitter and Linked In (“Kamio Tools").
10.2. Kamio makes no warranty or representations as to the accuracy of the Kamio Tools and the user acknowledges that the accuracy of the information provided by the Kamio Tools is dependent on the accuracy of the information supplied by users of the Kamio Platform.
10.3. Kamio reserves the right to remove, modify or update the Kamio Tools at any time and has no responsibility to the users for any impact of removing or updating the Kamio Tools on the user or their business.
11. ELIGIBILITY TO REGISTER
11.1. A Kamio account can only be created in the name of an individual.
11.2. A user registering as a Brand may specify within the "account description" field that s/he is representing a business entity (including a company).
11.3. To create a Kamio account and to use the Services you must be 18 years of age or older and able to form legally binding contracts under the applicable laws.
11.4. A user registering as Talent must have the right to work in Australia.
11.5. At its absolute discretion, Kamio may refuse to allow any person to register or create an account with Kamio or cancel or suspend any existing account.
12. USER'S OBLIGATIONS & WARRANTIES
12.1.A user that creates a Profile confirms:
(a) The information uploaded to the Profile is accurate, correct, up to date and does not breach the intellectual property rights of any third party;
(b) The photographs and images belong to the user and are pictures of the user. The user must not upload any images of a third party; and
(c) The user acknowledges and agrees:
(i) to grant Kamio an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the Kamio Platform for the purpose of including that material and information on the Kamio Platform and as otherwise may be required to provide the Services, and for the general promotion of the Kamio Platform and Services;
(ii) Kamio can make all information and images uploaded to their Profile public;
(iii) Kamio can allow all information and images uploaded to their Profile accessible for viewing and use by Brands.
12.2. You agree and undertake to:
(a) comply with this Agreement and all applicable laws and regulations at all times;
(b) not disclose any private contact details such as full name or address, phone number or email address at the Offer stage.
(c) promptly and efficiently perform all your obligations under this agreement and any Talent Contract you enter into;
(d) not use any content (whether provided by Kamio, a user or a third party) on the Kamio Platform for any purpose (including other websites or business services) other than to engage with the Services without Kamio's prior permission;
(e) ensure that you are aware of any laws that apply to you as a Brand or a Talent, or in relation to your use of the Services and the Kamio Platform;
(f) not use the Kamio Platform for any illegal or immoral purpose;
(g) not post any information on the Kamio Platform which is or may be harmful in any way to Kamio or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by Kamio;
(h) ensure all information you supply to Kamio is not false, inaccurate, misleading, deceptive or fraudulent;
(i) not supply or upload any information to the Kamio Platform will or may:
(i) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
(ii) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
(iii) be defamatory, libellous, threatening or harassing;
(iv) be obscene or contain any material that, in Kamio's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images;(v)contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Kamio Platform, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots, Easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information.
(j)comply with your tax obligations in relation to all payments received under a Talent Contract; and
(k)maintain control of your Kamio account. You may not deal with your account (including feedback and associated UserID) in any way (including by allowing others to use your account or by transferring or selling the account or any of its content to another person).
13. FEEDBACK & COMPLAINTS
13.1. Kamio is entitled to suspend or terminate your account at any time if Kamio, in its sole and absolute discretion, is concerned by any feedback about you, or considers your feedback rating to be problematic for other users.
13.2. If a user, Brand or Talent wishes to complain about any comment made on the Kamio Platform, please use the "Report" function available from time to time on the Kamio Platform, or email Kamio using the contact information on the Kamio Platform.
13.3. To help us to continually improve the Kamio Platform and Services please contact us using the contact us feature on the Kamio Platform if you have a complaint about the Kamio Platform or Services or you are experiencing any issue using our Kamio Platform, Services or a Third Party Service.
14. LIMITATION OF LIABILITY
14.1.Nothing in this clause 14 operates to exclude, restrict or modify the application of any provision of the Australian Consumer Law or any other statute where the exclusion, restriction or modification of which would:
(a) Contravene that statute; or
(b) Cuase any of these conditions to be void.
14.2. Kamio provides a platform for provision of the Services only. You acknowledge and agree that Kamio has no liability for any aspect of the relationship between the Brand and Talent, including but not limited to:
(a) The appearance, performance or ability of the Talent;
(b) The accuracy or honesty of information provided by a User in relation to a Role, Profile or Services;
(c) The performance by a User of their contractual obligation in relation to a role;
(d) The adequacy of the contractual relationship formed between the Brand and the Talent; and/or
(e) any dispute between a Brand and a Talent.
14.3. All information provided on the Kamio Platform related to Roles, Profiles, appearance and performance is supplied by the Users. Kamio does not have the ability to or responsibility for reviewing, approving or verifying this information prior to publication on the Kamio Platform.
14.4. You expressly agree and acknowledge that Kamio has no responsibility and makes no warranty as to the truth or accuracy of any aspect of the information provided by Users (including all Brands and Talent), including, but not limited to:
(a) the description of the Role or any other information provided by the Brand;
(b) the quality or standard of the Talent's appearance or performance in the Role;
(c) the accuracy or otherwise of the Profile of any of the Talent; and
(d) the Brand's ability to pay for the performance requested.
14.5. Kamio is not liable for any claim, loss or damage of any kind arising out of or in relation to:
(a) the Talent Contract, the Offer or the Role;
(b) the inaccuracy of any information provided by users of the website and the reliance by other users on this information;
(c) the ability or otherwise of the Talent to perform the performance services described in a Role;
(d) the accuracy of the description of the performance services described in a Role;
(e) any other information provided via or published on the Kamio Platform; or
(f) any transaction between you and any Third Party Services.
14.6. Kamio's liability to a user of the Kamio Platform is limited to the total amount of fees paid by that user to Kamio during the twelve month period prior to the occurrence of the incident from which Kamio's liability arose.
15. DEFAULT IN TRANSACTIONS
15.1. If you, as a Talent or Brand, breach your obligations under the Talent Contract, we may in our sole discretion suspend (temporarily or indefinitely) or terminate any your Kamio account.
17. NO WARRANTY
17.1. Except for liability in relation to any Non-excludable Condition, the Kamio Platform is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement to extent allowed by law.
18. MODIFICATIONS TO THE AGREEMENT
18.1. Kamio may modify this Agreement from time to time. Kamio will send notification of such modifications to your Kamio account. You should check that account regularly.
18.2. Except as stated in this Agreement, or as otherwise notified to you, all amended terms will automatically be effective 30 days after they are initially notified to you. Your use of Kamio Platform in any manner after the expiry of that 30 day period indicates your acceptance of the amended terms and confirms your agreement to be bound by the Agreement as amended.
18.3. If you do not agree with any changes to this Agreement, you must terminate your Kamio account and stop using the Kamio Platform and Services. Except as specifically described in or authorised by this Agreement, the terms of this Agreement cannot be amended except by written agreement signed by you and Kamio.
19. NO AGENCY
19.1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular you have no authority to bind Kamio, its related entities or affiliates in any way whatsoever. Kamio confirms that all Third Party Services that may be promoted on the Kamio service are provided solely by such Third Party Service providers. To the extent permitted by law, Kamio specifically disclaims all liability for any loss or damage incurred by you in any manner due to the performance or non performance of such Third Party Service.
20.1. Except as stated otherwise, any notices must be given by registered ordinary post or by email to Kamio's contact address as displayed on the Kamio Platform, or to the Users' contact address as provided at registration of your account. Any notice shall be deemed given:
(a) if sent by email, 24 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and
(b)if sent by pre-paid post, three Business Days after the date of posting, or on the seventh Business Day after the date of posting if sent to or posted from outside Australia. In this section, "Business Day" means a day which is not a Saturday, Sunday or public or bank holiday in the state of Victoria.
21. MEDIATION AND DISPUTE RESOLUTION
21.1. If a dispute arises between Kamio and a user, the parties to the dispute will attempt to resolve the dispute directly.
21.2. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service Provider.
21.3. Kamio has the right to hold any Payment or Remuneration which is the subject of a dispute between the parties to a Talent Contract in the Escrow Account, until the dispute has been resolved.
22.1. Kamio or you may terminate your Kamio account and this Agreement at any time for any reason.
22.2. Termination of this Agreement does not affect any Talent Contract that has been formed between users. If you have entered a Talent Contract you must comply with the terms of that Talent Contract including providing the performance services set out in the Role or paying the Price as applicable.
22.3. Third Party Services are subject to Third Party Service provider terms and conditions and any agreement between you and a Third Party Service must be terminated in accordance with those terms and conditions. .
22.4. Clauses 4, 5, 7, 8, 9, 12, 14, 21 and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
23.1. This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
23.2. Kamio may assign, licence or transfer or novate this Agreement or any of its rights and obligations to any third party at any time by posting a notice on the Kamio Platform.
23.3. You may not assign your rights and obligations or appoint an agent or subcontractor to perform its obligations under this Agreement unless you have received our written consent of to the assignment or appointment.
24.1 It is the responsibility of both the brand and the talent to determine and meet their obligations regarding relevant insurances including but not limited to public liability and workcover.
25.1. This Agreement is governed by the laws of Victoria, Australia. You and Kamio submit to the exclusive jurisdiction of the courts of Victoria, Australia.
25.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
25.3. This Agreement sets out the entire understanding and agreement between You and Kamio with respect to its subject matter.