Please read these terms and conditions carefully before registering to become a member of Quick Crew.
- GENERAL
- Acceptance of terms and conditions: By registering as a Quick Crew member you acknowledge that you have read and understood these terms and conditions and agree to be bound by them.
- Amendment of terms and conditions: You acknowledge that Quick Crew may amend these terms and conditions, in whole or in part, from time to time. Any amendments to these terms and conditions are effective from the time of posting on the Quick Crew website and accordingly we encourage you to check these terms and conditions from time to time to ensure that you are familiar with them. By continuing to use the Quick Crew services you agree to be bound by the terms and conditions as amended. These terms and conditions are current as at 2 October 2006.
- Definitions: In these terms and conditions, unless the context otherwise requires:
- booking and bookings means a booking for your services through the website;
- booker is a producer or production manager that makes bookings;
- crew member is a freelance technician in the New Zealand film and television industry;
- member means a registered member of Quick Crew;
- productions are actual film / video jobs.
- services means any one or more of the services offered by Quick Crew Limited from time to time, including online bookings, text messages, emails and any other service that Quick Crew may offer;
- we, us and our are references to Quick Crew Limited;
- website means any Quick Crew website through which the services are offered; and
- you and your are references to you.
- KEY MESSAGES
- Venue only: The Quick Crew website is a venue to introduce members who want to work with each other. Quick Crew is not involved in and has no responsibility for the booking process, except insofar as it provides a venue for the introduction of members. If a booking is accepted by a crew member, a contract will be entered into between the booker and the crew member directly. Quick Crew does not act as agent for either party and does not participate in any contractual arrangements between you and other members.
- Own risk: As a condition of membership you acknowledge that bookings, and any other contact you may have with other members of Quick Crew, are conducted entirely at your own risk. You acknowledge and accept that Quick Crew has no responsibility or liability for any misconduct by members including, without limitation, members who may have registered under false pretences or who may otherwise provide incorrect information. Quick Crew gives no undertakings, representations, or warranties in relation to bookings made through the website. More specifically, Quick Crew gives no undertakings, representations, or warranties in relation to the accuracy or truth of information provided by any crew member or booker, the ability of any crew member or booker to meet your requirements or expectations, or the ability of any crew member to complete their job.
- Disclaimer: By registering as a member you acknowledge and agree that:
- You use the services at your sole risk. To the maximum extent permitted by law and without limiting clause 2.2, Quick Crew disclaims and excludes all implied conditions or warranties in relation to the services provided by Quick Crew.
- Quick Crew does not guarantee that i) the services provided will be uninterrupted, timely, secure, or error free, or ii) any information provided on the website is correct or reliable.
- Quick Crew takes no responsibility for the content of advertisements appearing on the Quick Crew website (including hyperlinks to advertisers' own websites). Advertisements placed on the Quick Crew website are not in any way recommended or endorsed by Quick Crew, unless expressly stated. Each advertiser is solely responsible for any representation made in connection with its advertisement.
- Liability: To the maximum extent permitted by law, Quick Crew excludes all and any liability in connection with the services, the Quick Crew website, any other member's acts or omissions, or your use of or inability to use, the services. For the avoidance of doubt, Quick Crew' liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and any and all consequential and incidental loss.
- Indemnity: You agree to release, indemnify and keep indemnified Quick Crew from and against all actions, claims, costs (including legal costs and expenses) losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions or your failure to complete a booking, your use of Quick Crew message boards, or arising out of any content you submit, post, transmit, or make available through the services.
- Breach: Without limiting any other rights and remedies available to Quick Crew, Quick Crew may limit your activities on the web site, remove your listings, warn other members of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our services to you if you breach these terms and conditions or otherwise if, in Quick Crew' sole and absolute discretion, it considers it appropriate.
- Listing Policies form part of terms and conditions: The Listing Policies posted on the Quick Crew website also forms part of these terms and conditions. Accordingly, we encourage you to familiarise yourself with the Listing Policies before registering as a member of Quick Crew.
- REGISTRATION
- Registering as a Member: Registering as a member of Quick Crew is free. In order to register you must be at least 18 years old and you must be a resident of New Zealand. As a condition of registering as a member, you warrant that you can form a legally binding contract.
- Accurate Information: Any information that you provide to Quick Crew, whether when registering to become a member or otherwise, must be complete, accurate and current. It is your sole responsibility to ensure that the personal information you provide is kept current and you acknowledge that you must maintain and update your personal information from time to time as the need arises. As a condition of membership, you acknowledge that you must not register as a member of Quick Crew under multiple identities or personas (whether false or not) and agree that Quick Crew may phone or mail you to verify these details.
- Declining / Terminating your membership: Quick Crew, in its sole and absolute discretion, reserves the right to decline to register or to terminate your membership without entering into further correspondence with you. Without limiting the foregoing, Quick Crew may terminate your membership if a serious complaint or multiple complaints are received about you from other members, or if you breach these terms and conditions, or if you impersonate another member, or if we, in our sole and absolute discretion, deem your behaviour to be unacceptable. For the avoidance of doubt, we note that if you register under multiple aliases all of these aliases will be terminated.
- Maintaining the security of your login information: You agree to keep your login information, including your email address and password, secret and secure. Accordingly, as a condition of membership you agree not to permit any other person to use your user name or membership and you agree not to disclose, or provide to any other person, your password, email address, or any information that may allow them to gain access to your membership.
- RULES OF CONDUCT
- General
As a member of Quick Crew you agree to abide by the following rules:- You agree, as a condition of your Quick Crew membership, that you will not make any statement or do any act or omission or post on the Quick Crew website any information, or otherwise do anything that will mislead or deceive or would be likely to mislead or deceive others.
- You will ensure that any listing or communication you make through Quick Crew is made in good faith.
- You agree not to attempt to damage, interfere or harm the website or services, or any network, or system underlying or connected to them, whether by using a robot, spider, scraper or other automated means to access the web site or information featured on it, or otherwise.
- You acknowledge and agree that Quick Crew memberships are not transferable and therefore you agree not to sell, transfer or trade your membership.
- You acknowledge that Quick Crew does not endorse or recommend any Quick Crew member or booker. Accordingly we strongly recommend that you obtain your own legal, accounting, financial or taxation advice as appropriate. For the avoidance of doubt, it is solely your responsibility to evaluate the accuracy, completeness, usefulness and reliability of all information, and contacts, provided on or through the website.
- Your obligations as a crew member.
All crew members have the following obligations.- Crew members must be located in New Zealand. You are not permitted to be registered on Quick Crew if you are located outside of New Zealand.
- As a crew member you agree to only enter listings for yourself that are accurate, current, complete, and which include all relevant information about yourself.
- You must ensure that your C.V. is accurate and truthful. You agree, as a condition of your Quick Crew membership, that you will not either through any act (including but not limited to posting a CV on the Quick Crew website) or omission mislead or deceive others. Please note that falsifying your C.V. is contrary to New Zealand law.
- You acknowledge that while your listing may contain a URL for a website that contains further information about yourself, you must not use Quick Crew as a way to promote a business or website other than a website for yourself.
- You agree to only list showreel videos of productions that you have actually worked on.
- Please note that C.V’s, equipment lists and showreels are not pre-screened for content. Therefore as a condition of membership, you warrant that any C.V, equipment list and/or showreel that you list will not contain any material that could be considered offensive or otherwise contrary to law. Quick Crew reserves the right to remove any C.V., equipment list or showreel that it deems unsuitable or in breach of these terms and conditions.
- Bookers obligations.
- In order to book crew on Quick Crew you must be located in New Zealand. Bookers located outside of New Zealand are not permitted to book crew off Quick Crew.
- If you delegate the duties of a booker to someone else, you are held accountable for and are liable for that persons actions.
- General
- FEES AND ACCOUNTS
- Listing Fees and Booking Fees
- Although your Quick Crew membership is free, fees will be charged for the use of the website as a venue.
- A list of the current fees that will be charged for Quick Crew services can be found in the help section under fees.
- Any non-commission booking fees are charged at the time of booking and are not refundable. Quick Crew may (in its our sole and absolute discretion) refund a commission or booking fee charged on completed bookings if the actual production is not successfully completed, provided that the member concerned follows our defined refund process. Quick Crew will only issue refunds in the form of credit to the Quick Crew account of the member. Cash refunds will not be issued. Any credit balance on your Quick Crew account is not transferable to any other member.
- From time to time Quick Crew may change the fees charged for any of our services. In the event that such change occurs, the new fees will be effective immediately. In the event that a new service is introduced, the fees for that service will be effective from the launch of the service, unless otherwise stated.
- Unless otherwise stated, all fees are in New Zealand dollars and are inclusive of GST. No interest or other financial charges will be applied to Quick Crew account balances unless expressly stated in these terms and conditions.
- Please review the Quick Crew fees to ensure that you are aware of the fees that you will incur before listing yourself or booking any crew.
- You agree to pay any fees you incur immediately upon demand by Quick Crew.
- Your Quick Crew Account
- Quick Crew will maintain a credit account for each member. Each member must pay fees, including payment of advance booking options from their account.
- Any payment to your Quick Crew account of an amount less than $10 incurs a $2 handling fee that is payable to Quick Crew.
- As a condition of your Quick Crew membership you agree to settle any negative account balance in your personal credit account immediately. Quick Crew reserves the right to take action against you to recover any outstanding debts you may have either in your personal credit account or in relation to your Quick Crew membership generally. You are liable for all expenses (including legal fees) that Quick Crew incurs when collecting such debts.
- If, for any reason, your membership is terminated Quick Crew will refund the balance of your credit account to you, less a $5 manual processing fee that is payable to Quick Crew. If your account balance is below $5, you acknowledge and agree that no refund will be payable. If your membership is removed due to breach of our terms and conditions we will determine whether you are eligible for a refund in our sole and absolute discretion.
- You acknowledge and accept that any unused balance on your account will be forfeited to Quick Crew and your membership will be suspended if you do not log on to the website for a period of 24 months (two years).
- Listing Fees and Booking Fees
- OTHER GENERAL PROVISIONS
- Dispute Resolution: Quick Crew is not a party to any booking or transaction between you and another member. Therefore you agree not to involve, or attempt to involve, Quick Crew in any dispute or in the resolution of disputes that may arise between you and another member as a result of the services or lack of services provided.
- System Integrity: While Quick Crew uses its reasonable endeavours to ensure the availability of the website and services at all times (subject to any downtime required for maintenance), Quick Crew takes no responsibility for any system unavailability, or for any loss that is incurred as a result of the website or the services being unavailable. Further, Quick Crew assumes no responsibility for the corruption of any data or information held by Quick Crew.
- Force Majeure: Without prejudice to clause 2.4 of these terms and conditions, Quick Crew has no liability for any lack of performance, unavailability or failure of the services or the website, or for any failure of Quick Crew to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Quick Crew.
- No Waiver: Any failure by Quick Crew to exercise or enforce any right available to it under these terms and conditions, does not constitute a waiver of such rights.
- Partial Invalidity: If any provision of these terms and conditions is or becomes invalid, unenforceable or illegal for any reason, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
- Governing Law: These terms and conditions are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
- Intellectual Property Rights: Quick Crew (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the services and the website. Unless you have the prior written permission of Quick Crew, you may not:
- adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this website; or
- commercialise, copy, or on-sell any information, or items obtained from any part of this website.
- Privacy: As a condition of your membership you acknowledge that you have read and understood the Quick Crew Privacy Policy and that you agree to its terms.