Privacy Policy

Website Terms of Use – xchangetalent.com

These Terms of Use govern your access to and use of the website of Xchange Talent Management Pty Ltd (ABN 48 670 415 559) (Xchange Talent, or we, us or our): https://xchangetalent.com/ (the Website). By accessing the Website you acknowledge and accept these Terms of Use, which form a binding agreement between us and you in relation to your use of the Website. We encourage you to read these Terms of Use prior to using the Website.

You agree that the version of the Terms of Use current at your time of use applies to your use of the Website. If you do not agree with the Terms of Use, you should not use the Website. If you have any questions, please contact us at Info@xchangetalent.com.

1. Definitions

In these Terms of Use, the following words have the meanings set out below:

Account means any personal account that is created in the Registered User's name following the Xchange Talent account registration process.

Artist Portfolios means the artist profiles, works of art and other artist promotions, content or merchandise that are displayed on the Website.

Content means all content contained on the Website, including without limitation any text, graphics, user or visual interfaces, images, advertisements, databases, trade marks, logos, sounds, music, artwork, computer code and other material used, displayed or available on the Website. Content includes Third Party Content.

Intellectual Property Rights means any trade marks, copyright, patents, design rights and all other forms of intellectual property rights vesting in the Content used, displayed, or made available on the Website, including that which is vested in the Artist Portfolios.

Loss or Claim means any damage, losses, costs or expenses (including reasonable legal fees) or liability incurred by a person, or a claim, action, proceeding or demand under or in connection with these Terms of Use, whether arising under contract, negligence or any other tort, under statute or otherwise at all.

Registered User means any User that has completed the registration or log-in requirements to create an Account through the Website.

Services means the services, information and resources provided by Xchange Talent to Users through the Website.

Third Party Content means content contained on the Website that is created, uploaded or owned by a party other than Xchange Talent, including without limitation any text, graphics, user or visual interfaces, images, advertisements, databases, trade marks, logos, sounds, music, artwork, computer code and any other information and material used, displayed or available on the Website.

Third Party Websites means websites that are not owned or controlled Xchange Talent.

User, or you, means any user of the Website.

2. General

2.1 By accessing, viewing, browsing, or using the Website in any manner, you confirm that you:

(a) have read and understood these Terms of Use;

(b) have the capacity to be bound by these Terms of Use; and

(c) agree to be bound by these Terms of Use.

2.2 If you have not read, or if you do not understand and accept the Terms of Use, you are not authorised to access the Website. You further agree that we will not be liable to you for any Loss or Claim arising out of, or in connection with, your unauthorised access of the Website.

2.3 Xchange Talent may amend these Terms of Use from time to time. Any material amendments will be notified to Users on the Website. You should ensure that you are aware of the current Terms of Use by carefully reading the Terms of Use each time you use the Website.

2.4 Notwithstanding anything in these Terms of Use, certain legislation (including the Competition and Consumer Act 2010 (Cth)) may imply warranties, conditions or guarantees or impose obligations or remedies that cannot be excluded, restricted or modified except to a limited extent. To the extent that such legislation applies, these Terms of Use must be read subject to those statutory provisions and nothing in these Terms of Use is intended to alter or restrict the operation of such provisions.

3. Registration

3.1 From time to time, Users may be required to use their Account details to access some of the functionality of the Website. In such circumstances, Users will need to become a Registered User. To become a Registered User you must:

(a) be capable of forming a legally binding contract;

(b) agree to be bound by the Terms of Use; and

(c) create a new Account profile by entering the requisite details, including your first name, surname and email address.

3.2 You are solely responsible for the use of your Account, including any interactions with the Website or other Users of the website. You must ensure that you keep all passwords secure. All use of your Account is deemed to be use of the Website by you for the purposes of these Terms of Use.

3.3 When registering an Account with us, you must provide us with accurate and complete information and update it as necessary. It is your responsibility to inform us of any changes to that information (including, without limitation, your email address).

3.4 The right to use the Website and your Account is personal to you and is not transferrable to any other person or entity. You are entirely responsible for any and all activities that occur under the Account and for ensuring that all use of the Account by you complies fully with the provisions of these Terms of Use.

4. Use of Website

4.1 Subject to your compliance with these Terms of Use, Xchange Talent grants to you a non-exclusive and non-transferable right to access and use the Website for your own personal use. You must not exploit any Content for commercial benefit. Any other use of the Website or Xchange Talent's services is expressly prohibited.

4.2 You must not use the Website to:

(a) provide or upload false or misleading information, create a false identity or use or attempt to use another person's Account;

(b) use or interfere with the Website for any malicious purpose; or

(c) share or otherwise use any part of the Artist Portfolios without the prior written consent of Xchange Talent.

4.3 You must comply with all applicable laws when using the Website.

4.4 Xchange Talent uses reasonable endeavours to ensure the accuracy of the information on the Website. However, Xchange Talent assumes no responsibility for any errors or omissions in the information available on the Website.

4.5 To the fullest extent permitted by law but subject always to clause 2.4:

(a) the Website and all Content is provided to you "as is" and on an "as available" basis, without any representation or endorsement and without warranty or guarantee of any kind and Xchange Talent excludes all representations, warranties, guarantees, terms and conditions, whether express or implied (and including, without limitation, those implied by statute, custom, law or otherwise) except as expressly set out in these Terms of Use; and

(b) Xchange Talent does not guarantee:

(i) the accuracy, completeness or timeliness of the Content;

(ii) continuous, uninterrupted or secure access to the Website or that its servers are free from viruses (including malware or spyware), bugs or other destructive properties or that defects will be corrected; or

(iii) that the operation of the Website will be uninterrupted or error free.

5. Intellectual property

5.1 Users of the Website are granted a non-exclusive, non-assignable and non-transferrable licence to use the Website only in accordance with these Terms of Use. Nothing in these Terms of Use or the Website constitutes a transfer of any Intellectual Property Rights to you.

5.2 You may not sell, modify, copy, distribute, transmit, display, perform, reproduce, republish, licence, frame, upload, transmit, post, communicate or use the Content, including the Artist Portfolios, or the layout or design of the Website, except as:

(a) expressly authorised either in the Website or these Terms of Use;

(b) permitted under the Copyright Act, including for any fair dealing purposes such as private study, research, criticism or review; or

(c) authorised in writing by Xchange Talent.

5.3 Xchange Talent owns or is entitled under licence to all rights, title and interests (including present and future copyright) in the Website. All material including domain names, company and business names, text, graphics, images, photographs, designs, illustrations, diagrams, logos, buttons, icons, software, and all products and services described on the Website are owned exclusively by Xchange Talent, its related bodies corporate or others who have licensed their material to Xchange Talent (unless expressly indicated otherwise).

6. Links

6.1 The Website may include links to Third Party Websites. Xchange Talent makes no guarantee as to the content, functionality, or accuracy of any Third Party Websites. Any links to Third Party Websites do not indicate a relationship between Xchange Talent and the third party or any endorsement or sponsorship by Xchange Talent of the Third Party Website.

6.2 Third Party Websites are subject to the terms and conditions outlined by that third party.  

7. Content amendments and availability

7.1 We may amend, remove, alter or vary any of the Content at any time, without prior notice to you.

7.2 We also reserve the right to modify, discontinue the Website or any part of the Website, on a permanent or temporary basis, at any time.

8. Severability

8.1 If a provision (or part of any provision) of these Terms of Use is invalid or unenforceable in a jurisdiction, that provision or part provision will, to the extent required, be deemed to be deleted in that jurisdiction to the extent of the invalidity and unenforceability, and the validity and enforceability of the other provisions of these Terms of Use will not be affected.

9. Termination

9.1 If Xchange Talent reasonably considers you have breached these Terms of Use, Xchange Talent may (at its option, and without limiting the remedies available to it in any way) bar you from accessing the Website on a permanent or temporary basis.  If this occurs, you must not access or use the Website during the period of your suspension.

10. Applicable law

10.1 These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia.

10.2 The parties agree that the courts of New South Wales will have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, these Terms of Use.