Terms & Conditions




Website usage terms and conditions

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which will govern TCM's relationship with you in relation to this website.

The www.tcmagency.com.au website, which incorporates all pages on the Internet including the domain name TCM in the address of the page on the Internet ("the Website"), is owned and operated by Therese Clifford Management. Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions and disclaimers contained herein, and the Privacy Policy as well as any other terms, conditions and disclaimers on any page of the Website. Your use of the Website and/or your Membership constitutes your acknowledgement that you have read and agreed to these Terms of Use.

    AMENDMENT OF TERMS AND CONDITIONS
  1. TCM reserves the right to amend the Terms of Use at any time without notice. Given that these Terms of Use are subject to change, please periodically refer to this document to acquaint yourself with any changes. Any amendment shall be effective immediately upon notice by email and/or posting on the Website. Your continued use of the Website constitutes an affirmative:
    1. acknowledgment by you to these Terms of Use and any modifications; and
    2. agreement by you to abide and be bound by these Terms of Use, including any modifications.
  2. Features currently in existence on the Website are in no way a representation of future content. TCM reserves the right to add or remove features to this site at its discretion.
    3. ACCEPTABLE USE
  3. Parts of this website will be restricted by a username and password or other secure technology ("Member Profile").You acknowledge that you and/or your company are responsible for all acts, instructions or requests made by your Member Profile. You and/or you company are responsible for loss caused by the use of your Member Profile, whether carried out by you or a third party. You agree to immediately notify TCM of any unauthorised use of your Member Profile or any other breach of security of which you become aware.
  4. If you are under 18 years of age, you must obtain your parent or guardian's consent prior to using the Website.
  5. If you are an employee of a company or other entity, you must have the authority to accept these Terms of Use on behalf of your employer.
  6. Member Profiles may not be used to solicit goods or services or publish any material containing advertising without the written consent of TCM.
  7. You must not attempt to undermine the security or integrity of the Website and must not attempt to gain unauthorised access.
  8. You must not breach any privacy laws particularly in respect of the release of personal details available on the Website.
  9. You may not assign or transfer your rights or benefits under these Terms of Use to any other person or entity without the prior written consent of TCM.
  10. TCM reserves the right to use personal email addresses for the purpose of billing and for contact with the user from time to time, in accordance with our Privacy Policy.
    11. THIRD PARTY WEBSITES
  11. The Website may contain hyperlinks to third party websites. Any hyperlinked website is provided as a convenience only, and the inclusion of any hyperlink does not imply any endorsement of the linked website by TCM. Such third party websites, including any products, services or information contained therein are not provided or under the control of TCM, and your legal relationship is directly with the third party website owner.
    12. COPYRIGHT
  12. All material found on the Website, including information, text, layout, design, graphics, photographs, software, application logic and process flow ("the Material"), is Copyright TCM, and/or its licensors. The Material is protected by both Australian and international copyright and/or trade mark law. You must not modify, copy, reproduce, frame, download, upload to a third party, transmit or distribute the Material in any way.
    13. USER LICENCE
  13. By placing any information or other material on the Website (including but not limited to posting messages, uploading pictures, resumes or entering data), you grant to TCM a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the information or material:
    1. use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
    2. sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
  14. The foregoing grant includes the right to exploit all proprietary rights in any such information or other material including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly grant in favour of TCM and any other party authorised by TCM all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of TCM, you will execute and deliver to TCM such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
    15. INDEMNITY OF LIABILITY
  15. To the maximum extent allowable under the law of Australia, neither TCM or its officers, employees, agents or related bodies corporate shall be in any way liable to you or any third party in any way (including for negligence) for any loss, damage, costs or expenses suffered by you or claims made against you through your use of the Website, or any failure to provide use of the Website.
  16. You hereby agree to indemnify, defend and hold TCM, its affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives ("the Service Provider") harmless from and against any and all claims, loss, damage, tax including GST, liability and/or expense (including but not limited to legal costs) ("Claim") that may be incurred by the Service Provider or by you or by any third party that uses your Member Profile.
  17. You hereby waive, release, forgive, discharge and relinquish any and all Claims that you now has or may have against the Service Provider which are connected with, arise out of, relate to or are incidental to use of the Website.
  18. You hereby agree to indemnify, defend and hold the Service Provider harmless from and against any and all Claims arising out of or in connection with the performance of its duties as described in these Terms of Use (except as caused by its gross negligence or willful misconduct) including the legal costs, fees and expenses of defending itself against any claim by any or all of the parties to any transaction and/or by any other person and/or as a result of you taking any action or refraining from taking any action or instituting or defending any action or legal proceeding.
  19. You further agree to indemnify, defend and hold the Service Provider harmless from any Claim made by any third party due to or arising out of your use of the Website, the violation of these Terms of Use by you, or the infringement by you, or other user of the Website using your member profile, of any intellectual property or other right of any other person or entity.
    20. DISCLAIMER OF WARRANTIES
  20. You expressly agree that use of the Website is at your sole risk. The Website and related services ("the Service") is provided on an "as is" and "as available" basis. TCM expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
  21. TCM makes no warranty that the Service will meet your requirements, nor that the Service will be uninterrupted, timely, secure, or error free; nor does TCM make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained through the service or that defects in the software will be corrected.
  22. No advice or information, whether oral or written, obtained by you from or through the Service shall create any warranty not expressly made in these Terms of Use.
    23. SEVERABILITY
  23. If any one or more of the provisions of these Terms of Use shall be invalid, illegal or unenforceable in any event the validity, legality and enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired and shall be valid and enforceable to the fullest extent permitted by law.
    24. TERMINATION
  24. TCM reserves the right to refuse registration or to cancel such a registration at its own discretion without notice, whether or not your conduct is inconsistent with these Terms of Use.
  25. TCM reserves the right to refuse access or cancel such access to the casting application at its own discretion.
  26. Member Profiles removed for contravening the Terms of Use will not be eligible for a refund of any subscription fees paid.
  27. Should you object to any of these Terms of Use or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately: discontinue use of the Service; and terminate your Membership by notifying TCM.
    28. LAWS
  28. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Victoria, Australia, irrespective of your country of residence. You and TCM agree to submit to the exclusive jurisdiction of the courts of the state of Victoria, Australia.
  29. TCM's failure to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by TCM in writing.

The section titles in these Terms of Use are solely used for the convenience of the parties and have no legal or contractual significance. For further information please contact us at: talent@tcmagency.com.au

Copyright © Therese Cifford Management 2010
02 9560 0331