INTRODUCTION
1. These Terms of Use (“Terms of Use”) govern your use of the Platform. By registering an Account and using the Platform, you agree to accept these Terms of Use.
2. The Platform is owned and operated by CAST RITE PTY LTD (2020/647480/07) (“CASTRITE”, “us” or “we”).
3. In these Terms of Use, Clients and Talent are collectively and individually referred to as “users” or “you” as the context requires.
4. Your access to and use of the Platform is conditional upon your agreement to and acceptance of these Terms of Use. Each time you use the Platform, you agree to be bound by these Terms of Use. If you do not wish to be bound by these Terms of Use, do not use the Platform.
5. These Terms of Use apply to all transactions conducted on the Platform.
6. We may at any time change these Terms of Use. Changes will take immediate effect and may affect your ability to use the Platform. We will endeavour to notify you of any change prior to the date such change comes into effect by email to the email address you provided when creating your Account, however it is your responsibility to check if there have been any changes to these Terms of Use each time you use the Platform. Your use of the Platform following the posting of any changes to these Terms of Use constitutes your acceptance of those changes.
REGISTERING AN ACCOUNT
7. In order to use the Platform, users must register an Account. Without limiting the registration details we may require, you acknowledge that we may require you to provide us with:
a. a personal or company profile;
b. an email address;
c. the details of a Valid Card and/or bank account; and
d. verification of your address details.
8. We reserve the right to refuse or cancel registration of an Account for any reason in our sole discretion.
9. All information provided when registering an Account must be current, correct and complete. Incomplete, ineligible or incomprehensible Account registrations will not be valid. You must be logged in to your Account in the manner required each time you wish to use the Platform. You may never use another person’s Account without their permission.
10. You are responsible for maintaining the strict confidentiality of your Account details and for controlling access to and use of your Account, and any activity under your Account. You agree to immediately notify us of any unauthorised use of your Account or any other breach of security. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
11. You acknowledge that the contact information in your Account profile will be publicly accessible on the Platform.
USING THE PLATFORM
12. Once an Account is registered, the Platform allows Clients to list Jobs, invite Talent to castings, book Talent for Jobs and book facilities. The Platform allows Talent to search and apply for Jobs, attend castings and accept bookings by Clients for Jobs.
13. On the completion of a Job, the Client will pay the Talent the Talent Service Fee using the payment system on the Platform. CASTRITE acts only as a payment gateway and the Client is solely responsible for its Job and for the payment of the applicable Talent Service Fee in accordance with these Terms of Use.
14. You may not decompile, reverse engineer, disassemble, or convert any element of the Platform to a human perceivable form; distribute or republish any element of the Platform in any way; resell, rent, lease or lend any element of the Platform; defeat, disable or circumvent any security feature of the Platform; transfer any element of the Platform to any third party; or authorise any third party to do any of the acts above.
15. You must not engage in crawling, scraping, caching or otherwise accessing any content on the Platform via automated means.
16. The Platform is designed for use by people aged 16 years and over. Users under the age of 16 years may only use the Platform with the consent of a parent or legal guardian. We reserve the right to refuse registration from individuals under 18 years of age or, in any event, to seek further information from you to verify your eligibility to use the Platform.
17. You are solely responsible for your interactions with other users of the Platform. You agree that we are not responsible for the conduct of any user.
18. You agree that we are not responsible for, and do not endorse, any Content posted on the Platform by a user. We do not have any obligation to moderate, monitor, edit, approve or remove any Content. If your Content violates these Terms of Use, you bear legal responsibility for that Content.
19. Nothing in these Terms of Use is intended nor does create a partnership, agency, employment or fiduciary relationship between CASTRITE and any user.
20. Subject to your compliance with these Terms of Use, you are granted a limited, non-exclusive, revocable and non-transferrable licence to access and use the Platform in the manner specified in these Terms of Use. Any cost associated with accessing and using the Platform generally remains your responsibility and is dependent on the service provider used. You are responsible for ensuring that your computer system or mobile device (as applicable) is compatible with the Platform and meets all relevant technical specifications necessary to obtain the benefit of the Platform.
21. The Platform may contain links to other sites not maintained by us (“Linked Sites”). We are not responsible for the content of any Linked Sites. CASTRITE does not in any way endorse any Linked Sites and is not responsible for the quality or delivery of any products or services offered, accessed or advertised by such Linked Sites. To the extent that these Linked Sites collect personal information from you, we shall bear no responsibility or liability for the manner in which such information is used.
22. The Platform may utilise social network or share functionality and may contain social media links, applications or features (including but not limited to Facebook, Twitter and Instagram). Your use of any social media platforms is subject to the particular social media platform’s prevailing terms and conditions of use. By using any social media applications or features on the Platform, you consent and agree to be bound to the particular terms and conditions of use of the social media platform. You are encouraged to review the terms and conditions of use of each social media platform before engaging or interacting with the social media links, applications or features on the Platform.
ADDITIONAL TERMS FOR TALENT
23. Paragraphs 24-38 apply only to Talent participating in the Platform.
Talent Eligibility
24. If you do not meet the minimum age requirement in paragraph 16 above, you must not use the Platform unless approved by a parent/guardian (and we reserve the right to verify your eligibility and require parent/guardian consents).
25. You warrant that you have the legal right to work on each Job and will, upon request, provide all necessary documents to CASTRITE to verify your legal right to work on a Job.
26. You acknowledge that Clients may require that you meet specific criteria to be eligible to apply for a particular Job.
Talent Accounts and Subscription Fee
27. When registering an Account, you may select a free Account or a paid account.
28. You acknowledge that a Subscription Fee applies to paid Accounts. When registering a paid Account and providing us with the details of your Valid Card, you authorise us to charge your Valid Card the Subscription Fee at the then current monthly rate for your paid Account (as applicable). The Subscription Fee will be charged to your Valid Card in advance of each monthly subscription period.
29. You acknowledge that different features, limitations and inclusions apply to different Account packages. For more information on the features, inclusions and exclusions for free and paid Accounts, see: PRICING.
30. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial subscription period.
Talent Service Fee
31. Once you have completed a Job, subject to your compliance with these Terms of Use you will receive payment of your Talent Service Fee from the Client who booked you for the Job. Payment will occur approximately 2 days after the successful completion of a Job and you will be sent a tax invoice for that payment.
32. Your payment is processed by electronic funds transfer. We use a payment service provider, Payfast), to facilitate payment of the Talent Service Fee and during that transaction we are paid our Talent Booking Fee from the Client. Our Talent Booking Fee is paid by the Client in addition to your Talent Service Fee and does not reduce your Talent Service Fee. CASTRITE acts solely as a payment facilitator, your payment will be made by Payfast to you on completion of the Job.
33. To facilitate the payment of your Talent Service Fee, when you register for an Account, in addition to the information referred to in paragraph 7 above you will be asked to provide financial details including yournominated bank account details and any further required details. You are responsible for the accuracy of your nominated bank account details. You expressly authorise us to provide your bank account details to Payfast and set up a direct account between you and Payfast as your representative, which enables you to be paid directly into your nominated bank account through the Platform. You acknowledge and agree that when registering your Account, you may be required to enter into a separate agreement directly with Payfast which is notified to you and you are solely responsible and liable to Payfast under that agreement. All monetary transactions made through your use of the Platform are subject to any fees Payfast may charge.
34. You acknowledge and agree that the relevant Client, not CASTRITE, will be solely liable for payment of the Talent Service Fee for any Job. CASTRITE merely facilitates such payment on the Platform and under no circumstances does CASTRITE accept liability for payment of the Talent Service Fee. You agree that you will not pursue any actions, legal or otherwise, against us for any non-payment, and that this provision constitutes a bar to any such actions or proceedings.
35. You acknowledge and agree that if you cancel a Job you will not be entitled to the Talent Services Fee.
Talent Relationship with the Client
36. As Talent, you will at all times perform your obligations and provide your services to the Client as an independent contractor and not in the capacity of an employee, partner or agent or in any other capacity. You agree that neither CASTRITE nor the Client will be obliged to pay to you or recover from you any amount as a result of you being deemed to be an employee of either CASTRITE or the Client, including in respect of annual leave, superannuation, withholding tax, income tax, workers compensation contributions or any similar payments or deductions. You indemnify CASTRITE in relation to any such liabilities.
37. You agree that you (and your agents) will not negotiate separate payment terms or amounts from Clients outside the Platform. Any attempt to circumvent the Platform may result in the removal of you from the Platform at our sole discretion.
38. If you are a member of any guild, union or industrial organisation, you warrant that you have not entered into any other agreement, arrangement or understanding which would or may prevent or limit you from adhering to these Terms of Use, performing your obligations or granting the rights and benefits set forth in these Terms of Use or the Booking Agreement. You acknowledge that CASTRITE provides the Platform as an online marketplace and that you are solely responsible for seeking and finding Jobs with Clients and that CASTRITEis not your agent, representative, or manager.
39. When you agree to the Booking Agreement or any other terms of agreement on the Platform for a Job you are entering into a direct agreement with the Client. You are solely responsible for ensuring that you understand the terms of your agreement with a Client.
ADDITIONAL TERMS FOR CLIENTS
40. Paragraphs 40-52 apply only to Clients participating in the Platform.
Payment Terms for Clients
41. You agree to pay the Talent Service Fee to all Talent booked by you on the Platform upon completion of the relevant Job, in accordance with these Terms of Use. We use a payment service provider,Payfast, to facilitate payment of the Talent Service Fee. You expressly authorise us to provide your Valid Card and/or bank account details to Payfast and set up a direct account between you and Payfast as your representative. You acknowledge and agree that when registering your Account, you may be required to enter into a separate agreement directly with Payfast which is notified to you and you are solely responsible and liable to Payfast in connection with that agreement. All monetary transactions made through your use of the Platform are subject to any fees Payfast may charge.
42. You agree to pay us the Client Booking Fee upon completion of a Job in accordance with these Terms of Use.
43. When you book Talent on the Platform your Valid Card will be pre-authorised before the commencement of the relevant Job.
44. Payment from your Valid Card will be processed for the full amount of the Talent Service Fee and the Client Booking Fee within 48 hours after the start date of the relevant Job. You authorise us to debit such amount from your Valid Card.
45. If overtime work is performed on a Job you must process the additional payment for that overtime work on the Platform. If overtime for a Job is recorded and processed on the Platform, we will adjust the final amount payable for a Job and adjust the invoice.
46. You must have sufficient funds available on your Valid Card to pay the Talent Service Fee and the Client Booking Fee. We reserve the right to charge credit card surcharges and a $25 administration fee if there are insufficient funds available on your Valid Card. You acknowledge that such administration fee is a genuine pre-estimate of the loss we would incur as a result of your non-payment due to having insufficient funds.
47. You must otherwise at all times pay all charges in the manner set out on the Platform or as advised by us in writing from time to time.
48. You undertake that you are an authorised user of your Valid Card; that the Valid Card details provided are current, correct and complete; and that your Valid Card will have sufficient funds to pay the full amount the Talent Service Fee and the Client Booking Fee on each occasion. You acknowledge that CASTRITE acts solely as a payment facilitator and agree that CASTRITE is not liable for payment of the Talent Service Fee for any Job. You agree that you will not pursue any actions, legal or otherwise, against us in connection with the Payfastpayment service, and that this provision constitutes a bar to any such actions or proceedings.
Terms for Jobs
49. CASTRITE in its sole discretion reserves the right to reject Jobs that do not comply with these Terms of Use.
50. You agree that you will not negotiate terms or payment to Talent outside the Platform. Any attempt to circumvent the Platform may result in the removal of the Client from the Platform at our sole discretion.
51. Client acknowledges that Talent are independent third parties and not controlled by CASTRITE. Client specifically acknowledges and agrees that Client is solely responsible (and assumes all liability and risk) in respect of the services provided by Talent on a Job.
52. You acknowledge that CASTRITE has not made any warranties in respect of the success of any Job or in respect of your business or commercial performance.
53. When you agree to the Booking Agreement or any other terms of agreement on the Platform with any Talent you are entering into a direct agreement with the Talent. You are solely responsible for ensuring that you understand the terms of your agreement with the Talent.
Cancellations by Client
54. If you cancel a Job within 24 hours before the commencement of that Job through no fault of the Talent, you agree to pay the Talent the Talent Service Fee and to pay us the Client Booking Fee, regardless of any separate services agreement you enter into with the Talent.
55. If you cancel a Job on the Platform with more than 24 hours’ notice before the commencement of that Job, you are not required to pay us the Client Booking Fee and you are not required to pay the Talent the Talent Service Fee (unless you have agreed to pay the Talent Service Fee upon such cancellation in any separate agreement between you and the Talent).
THE BOOKING AGREEMENT
56. The Platform is an online marketplace which facilitates the creation of a commercial relationship between a Talent and a Client. CASTRITE does not enter into an agreement with a Talent or a Client in respect of any Job.
57. CASTRITE provides the Booking Agreement to provide Talent and Clients with guidance on the terms of agreement which may be entered into between a Talent and a Client. The terms of the Booking Agreement may be accepted by the Talent and the Client upon the booking of a Job, or further negotiated between the Talent and the Client (provided that any changes must be agreed in writing).
58. The Client and Talent are not restricted from entering into a separate agreement for a Job, however: (a) any separate agreement for a Job must be uploaded onto the Platform; and (b) the Job must be performed through the Platform; and (c) if the Client cancels a Job within 24 hours before the commencement of that Job through no fault of the Talent, the Client must pay the Talent the Talent Service Fee and pay us the Client Booking Fee (and to the extent of any inconsistency, this cancellation provision will prevail over any provision in a separate services agreement between the Client and Talent). The Booking Agreement is available at “My Projects” on the Platform.
INTELLECTUAL PROPERTY
59. All CASTRITE Materials on the Platform are protected by all applicable laws including copyright and trade mark laws and may not be used by you except as permitted in these Terms of Use. Nothing in these Terms of Use will be taken to constitute a transfer, assignment or grant of any ownership rights in any Intellectual Property Rights in the CASTRITE Materials to a Client or Talent. You must not copy, communicate or exploit the CASTRITE Materials for any purpose without the prior written consent of CASTRITE.
60. You agree to grant to CASTRITE (and its agents) in respect of all Content uploaded to the Platform and all images of Job Materials, a royalty-free, perpetual, worldwide, irrevocable, unconditional, non-exclusive, transferable licence to use the Content and images for the purpose of marketing and promoting CASTRITE (and its products and services) in any manner. You acknowledge that CASTRITE may reproduce such images from your official sites and platforms for such purposes.
61. You warrant that:
a. you own the Intellectual Property Rights in Content you upload to the Platform and have the right to license the Content to CASTRITE in the manner set out in these Terms of Use; and
b. any Content you upload to the Platform does not contain any representations or material which you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive, or defamatory.
62. The ownership of materials created or produced at a Job, and the results and proceeds of the services provided by a Talent on a Job (Job Materials), including all Intellectual Property Rights in such Job Materials, is specified in the Booking Agreement and is subject to the terms of a Job booking agreed by the Client and Talent. It is your obligation to ensure that you understand the terms of your Booking Agreement, including in respect of the ownership and usage of Job Materials.
TALENT & CLIENT REPRESENTATIONS AND WARRANTIES
63. You warrant that:
a. all information you provide to us upon registering for an Account is true, accurate and complete and not misleading;
b. You have the right and authority to create an Account and agree to these Terms of Use, including, where relevant, the authority of any Client or individual to create an Account, agree to these Terms of Use and to use the Platform on its or his or her behalf;
c. You are authorised to submit Content, as applicable, in the manner invited via the Platform;
d. You will not share any personal information of other users of the Platform with any third party;
e. any Content you submit to the Platform will not contain anything that;
i. is illegal or contrary to any laws, applicable industry code or the requirements or directions or relevant regulators;
ii. is copied or adapted either wholly or substantially from any other work or material;
iii. is indecent, obscene, threatening, discriminatory, harassing, in breach of any confidence, defamatory, offensive or objectionable or contains, depicts or alludes to or promotes aggressive, unruly, antisocial, lewd or illegal behaviour or sexually suggestive imagery;
iv. parodies, disparages or makes fun of CASTRITE or its products of services or CASTRITEgenerally in any way;
v. solicits passwords or personal information for commercial or unlawful purposes or provides any telephone numbers, street addresses, last names, URLs or email addresses;
vi. promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated materials;
vii. involves the transmission of junk mail, chain letters, unsolicited mass mailing or spam; or
viii. infringes the privacy rights, contract rights or other rights (including Intellectual Property Rights) of any person, corporation or entity.
VAT/GST
64. Words or expressions used in these Terms of Use that are defined in the SA Tax System (Value added tax / Goods and Services Tax) Act 1991 (Cth) have the same meaning as given in the Act. If VAT/GST applies to any supply made under these Terms of Use, then the party making that supply may, in addition to any other amount payable, recover from the other party an additional amount on account of VAT/GST, such amount to be calculated on the basis of the current VAT/GST rate. Unless otherwise specified, any amount payable under these Terms of Use is exclusive of VAT/GST.
ACKNOWLEDGEMENTS
65. The Client and the Talent acknowledge that:
a. CASTRITE will not be responsible or liable in any way for any postponement, cancellation, no-show, termination or other non-performance of a Job, or any dispute between a Talent and Client in respect of a Job; and
b. we reserve the right to increase our fees or introduce new prices or charges at any time.
INDEMNIFICATION
66. You agree to indemnify, and must defend and hold harmless, CASTRITE and its related bodies corporate, personnel, servants and agent, from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in any way connected with any of the following (including as a result of your direct activities on the Platform):
a. your Content or access to the Platform;
b. your breach of these Terms of Use or any of the warranties or covenants given or made by you;
c. your participation in, casting of, booking of, or provision of services for a Job;
d. your claim against a Client for any reason;
e. your claim against a Talent for any reason;
f. any claim by any third party (including any other Client or Talent) arising directly or indirectly from your breach of any of the provisions of these Terms of Use;
g. any claim or allegation that your Content infringes a third party’s rights, including Intellectual Property Rights.
h. your violation of any applicable laws, rules or regulations; and
i. any misrepresentation made by you.
LIMITATION OF LIABILITY
67. You agree that you use the Platform at your own risk and that CASTRITE disclaims any and all responsibility for any damage or loss that you may suffer or incur as a result of using the Platform. To the maximum extent permitted by law (but subject to paragraph 64):
a. the Platform and the CASTRITE Materials and any other features or functions associated with the Platform are provided “as is” and “as available” with all faults and without warranty;
b. no circumstances will CASTRITE be liable in any way for any Content, including but not limited to any errors or omissions in such Content or any loss or damage of any kind incurred as a result of any use of Content posted, transmitted or otherwise made available via the Platform;
c. we do not make any promises or assurances to you about the Platform or the CASTRITE Materials, including without limitation that your use of the Platform will be uninterrupted or error-free;
d. we make no representations or warranties in relation to the accuracy or completeness of the information, advice or other content available on or via the Platform and we do not accept any liability in relation to your reliance on such information, advice or other content; and
e. we will not be liable for any loss or damage (including indirect or consequential loss or damage, loss of profit, loss of revenue, loss of data or loss of opportunity) however caused which may be suffered or incurred or which may arise directly or indirectly in respect of the use by you of the Platform.
68. Nothing in these Terms of Use excludes, restricts or modifies any rights that you have under existing laws or regulations and codes, including the Competition and Consumer Act and fair trading laws. There are statutory guarantees under consumer protection laws that cannot be excluded. To the extent that any statutory guarantees apply to these Terms of Use, we limit our liability to the maximum extent permitted by law, at our election, to the supply of our services again or the payment of the cost of having our services supplied again.
PRIVACY
69. CASTRITE collects, uses, holds and discloses personal information in accordance with its Privacy Policy and otherwise as set out in these Terms of Use. These Terms of Use prevail to the extent of any inconsistency.
70. In addition to the purposes of collection set out in our Privacy Policy, CASTRITE collects personal information from you for the following purposes: to enable us to administer and provide the Platform; to connect Clients with Talent; to facilitate payments; to verify your identity; and to assist us in improving the Platform and our services. We may provide your personal information to our affiliates, commercial partners (for example, Payfast) and financial service providers (for example, a bank, a payment network, or other financial intermediary) for these purposes. You acknowledge that Payfast may use your personal information in accordance with the terms of its Privacy Policy. You expressly consent to Payfast’s use of your personal information.
NO CIRCUMVENTION
71. Users (and their respective agents) each acknowledge and agree that:
a. the Client Booking Fee is a significant part of the remuneration which VASTRITE receives from the Platform and the Client Booking Fee is required to enable CASTRITE to make the Platform available;
b. CASTRITE only receives the Client Booking Fee when Jobs are completed using the Platform; and
c. It is an essential term of these Terms of Use that the Client and Talent complete all Jobs using the Platform and do not negotiate separate payment terms or jobs outside of the Platform.
72. Users (and their respective agents) each acknowledge and agree that, unless the Client or Talent pays the Opt-Out Fee (see paragraph 75 below), during the Exclusivity Period the Client and Talent:
a. must use the Platform as the exclusive method to list, cast, apply for, book and complete and pay for any jobs or services or other engagements between the Client and Talent;
b. must not circumvent the payment of the Client Booking Fee;
c. must not enter into any agreement, contract or other engagement or arrangement for the provision of services by the Talent for the Client outside of the Platform (whether directly or indirectly and whether individually or through any third-party intermediary);
d. in the case of a Client – must not submit any proposal or solicit, approach or invite any Talent identified on the Platform to perform services or work, or make payment to that Talent outside of the Platform; and
e. in the case of a Talent – must not accept any proposal or invitation from a Client identified on the Platform or solicit or approach any such Client to perform services or work, or receive payment from that Client outside of the Platform.
You agree to notify CASTRITE immediately if a person suggests that you make or receive a payment or work together outside of the Platform, or if you are aware of a breach or potential breach of the non-circumvention conditions in paragraph 74. Please contact us at: contact@castrite.co.za
73. You may opt-out of the non-circumvention obligations in paragraph 74 in respect of a particular relationship between a Client and a Talent, only if you pay CASTRITE an opt-out fee (the Opt-Out Fee), which is calculated as the greater of:
a. $3,000; or
b. the amount of all Client Booking Fees that would be earned by CASTRITE during the Exclusivity Period, calculated based on an annualized amount earned by Talent from Client during a normalized 8-week period, or during such shorter period as data is available to CASTRITE.
74. In paragraphs 74 and 75, Exclusivity Period means for so long as the Talent or Client (as applicable) is registered on the Platform and a period of 12 months commencing on the later of:
a. the date a Client first contacts, meets or identifies a Talent through the Platform; or
b. the date that a Talent completes his or her last Job for a Client through the Platform.
75. If CASTRITE determines, in its sole discretion, that you have breached your obligations in paragraphs 74 or 75, CASTRITE may, to the maximum extent permitted by law: (i) charge your Valid Card the Opt-Out Fee; or (ii) send you an invoice for the Opt-Out Fee, which you agree to pay within 30 days; and/or (iii) terminate your Account; and/or; (iv) charge you for all losses and costs and reasonable expenses (including lawyers’ fees) related to investigating such breach and collecting such fees.
76. Paragraphs 74-77 apply where a Client and a Talent have been introduced or identified through the Platform, for example if a Client identifies a Talent through the Platform. If a Client and a Talent were not introduced through the Platform, for example if the Client and Talent have worked together before meeting on the Platform, then the non-circumvention conditions in paragraphs 74-77 do not apply.
MONITORING, SUSPENSION AND TERMINATION
77. CASTRITE reserves the right to monitor the Platform generally and all Account activity. If your Account shows signs of fraud, abuse or suspicious activity, we may close or freeze the Account immediately. CASTRITEretains the right and absolute discretion to suspend or terminate your Account, and/or access to the Platform generally without notice if we believe you have abused any privilege accorded to you as a participant on the Platform, supplied misleading information or made any misrepresentations to us in connection with the Platform, tampered with the Platform in any way, breached these Terms of Use, or engaged in any unlawful or other improper misconduct calculated to jeopardise the proper administration of the Platform. CASTRITEretains the right to remove any Content that it considers breaches these Terms of Use.
GENERAL TERMS
78. If the Platform is not capable of running as planned for any reason beyond the reasonable control of CASTRITE, including because of war, terrorism, state of emergency or disaster (including natural disaster), infection by computer virus, bugs, tampering, unauthorised intervention, technical failures or any which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Platform, CASTRITE reserves the right, in its absolute discretion, to cancel, terminate, modify or suspend the Platform.
79. These Terms of Use are governed by and are to be construed in accordance with the laws of South Africaand the parties submit to the jurisdiction of the courts of South Africa and any courts competent to hear appeals from those courts.
80. If you are using the Platform on behalf of a legal entity, you represent that you are authorised to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and CASTRITE and govern your use of the Platform, superseding any prior agreements between you and CASTRITE. You will not assign any rights or obligations under these Terms of Use, in whole or in part, to any third party without the prior written consent of CASTRITE. CASTRITE may assign its rights or obligations hereunder at its sole discretion.
81. If any clause or part of any clause is in any way unenforceable, invalid or illegal, it is to be read down and amended so as to be enforceable, valid and legal. If this is not possible, the clause (or where possible, the offending part) is to be severed from these Terms of Use without affecting the enforceability, validity or legality of the remaining clauses (or parts of those clauses) which will continue in full force and effect.
CONTACT AND HELP DETAILS
82. You may contact us at: contact@castrite.co.za
DEFINITIONS
83. The following terms have the following meanings in these Terms of Use:
“Account” means an account completed by a Client or Talent for use of the Platform;
“Application” means the CASTRITE mobile and tablet application;
“Booking Agreement” means the agreement between a Talent and a Client for the provision of services by a Talent for a Job which is available at “My Projects” on the Platform;
“Client” means any person or entity, or its duly authorised agents or representatives, registered to use the Platform which requires professional or creative services of Talent for Jobs;
“Client Booking Fee” means the stated fee payable by a Client to CASTRITE in respect of the booking of a Job plus any applicable VAT/GST;
“Content” means any content uploaded to the Platform by a Client or a Talent, including any posts, comments, reviews, information, video, audio, photographs, images, illustrations, animations, data or other interactive features which may be made available on the Platform;
“Intellectual Property Rights” means all present or future intellectual property rights of whatever nature anywhere in the world including, but not limited to, rights in respect of or in connection with copyright, inventions (including patents), trade marks, service marks, trade names, domain names, designs, any rights in silicon chip topography, Confidential Information and Know-How and similar industrial, commercial and intellectual property rights, whether or not registered or registrable, and includes the right to apply for the registration of such rights, and whether existing in South Africaor otherwise;
“Job” means a project, campaign or other brief of a Client which requires the services of a Talent, as specified by a Client in a Job Profile on the Platform;
“Job Profile” means the profile for a Job listed by a Client on the Platform;
“Platform” means the Website, the Application and any associated CASTRITEproperties or websites;
“Subscription Fee” means a monthly subscription fee which is payable by a Talent to CASTRITE for use by the Talent of the Platform;
“Talent” means a user of the Platform who registers as a provider of professional or creative services;
“Talent Service Fee” means the stated fee payable by a Client to a Talent in respect of Job plus any applicable VAT/GST;
“CASTRITE Materials” means the Platform and any associated materials owned, developed or licensed by CASTRITE and made available via the Platform;
“Valid Card” means a valid Visa, Mastercard or American Express credit card.