Terms and Conditions of Use

AllSet App

1. About the App

(a) Welcome to the AllSet Terms and Conditions of Use for the App and associated software applications located at https://allset.cloud/terms (App). The App helps users accurately track credits on creative projects (e.g. film and television productions) (Services).

(b) The App is owned and operated by Stewart Brothers Pty Ltd (ACN 115 448 596). Access to and use of the App, or any of its associated Products or Services, is provided by Stewart Brothers Pty Ltd. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the App, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the App, or any of its Services, immediately.

2. Acceptance of the Terms

1) You accept the Terms by remaining on the App. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Stewart Brothers Pty Ltd in the user interface.

2) Stewart Brothers Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. Any changes to the Terms take immediate effect from the date of their publication. When Stewart Brothers Pty Ltd updates the Terms, it is under no obligation to provide you with individual notice of any changes. As such, we recommend that you regularly check the Terms for updates. Your continued use of the Services after such changes will signify your acceptance of the amended Terms. If you do not agree with any of the amended Terms then please do not continue to access or use the App or Services.

3) By using the App and/or Services:

9. You warrant that you are over the age of 18 and have the right and authority to enter into a binding contract with us and are not prohibited from doing so under any applicable laws, rules, and regulations;

2. If you are not 18 years or older you must not use the Services without your parent or guardian’s express consent and provided your parent or guardian warrants and undertakes that your parent or guardian agrees to these Terms and undertakes to be liable for the same on your behalf; and
3. We may, in our sole discretion, refuse to offer access to any part of the Services to any person or entity and may change the eligibility criteria for access to the Services at any time.

3. Registration to use the Services

1) In order to access the Services, you must first register for an account through the App (Account). This can be done via your personal or professional email. You will be able to modify your Account details by going into the account settings in your profile.

2) You agree that you will be the sole user of your Account and that you will not allow any third parties to access your Account (except in the case of an authorised representative acting as agent on your behalf (Agent)).

3) If you register and create an Account, you agree to be responsible and/or liable for maintaining the confidentiality and security of passwords and other account identifiers which you nominate, and all activities that occur under such password or account identifiers.

(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:

(i) Email address
(ii) Password
(iii) Legal name
(iv) Preferred name and title for listing in credits

4) Contact phone number

5) Employment details

(e) You warrant that any information you give to Stewart Brothers Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.

(f) Once you have completed the registration process, you will be a registered member of the App (Member) and agree to be bound by the Terms.

(g) You may not use the Services and may not accept the Terms if:

(i) you are not of legally able to form a binding contract with Stewart Brothers Pty Ltd; or

(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are a resident or from which you use the Services.

4. Your obligations as a Member

(a) As a Member, you agree to comply with the following:

(i) you will use the Services only for the purposes that are permitted by:

(A) the Terms; and

(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;

(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;

(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Stewart Brothers Pty Ltd of any unauthorised use of your password or email address or any breach of security of which you have become aware;

(iv) access and use of the App is limited, non-transferable and allows for the sole use of the App by you for the purposes of Stewart Brothers Pty Ltd providing the Services;

(v) you will not use the Services or App in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Stewart Brothers Pty Ltd;

(vi) you will not use the Services or App for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the App;

(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the App without notice and may result in termination of the Services. Appropriate legal action will be taken by Stewart Brothers Pty Ltd for any illegal or unauthorised use of the App; and

(viii) you acknowledge and agree that any automated use of the App or its Services is prohibited.

(b) As a member, you acknowledge that we are not liable for any loss or damage whatsoever, howsoever caused, resulting from:

(i) any action taken or reliance made by you on the functionality of any part or whole of the Services; or

(ii) any action taken or reliance made by you on any content, information, or material on the Services.

(c) You acknowledge that Stewart Brothers Pty Ltd is not responsible for any interactions or communications that you may have with any user on the App or by way of the Services.

4) You understand and agree that we may, but are not obligated, to monitor or review any Member generated content (User Content). We may delete any User Content, in whole or in part that, in our sole judgment, that violates these Terms or may harm the reputation of Stewart Brothers Pty Ltd or the Services.

5) Although we reserve the right to review, edit, and/or remove User Content that violates these Terms, such User Content is the sole responsibility of the Member who generates it, and we cannot guarantee that all Members will comply with these Terms. For the avoidance of doubt, under no circumstances will we be liable in any way for any User Content including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed, transmitted or otherwise made available on or through the App and/or Services.

5. Payment

(a) You acknowledge that we may charge or introduce a fee or fees to access or use any part or whole of the App and/or Services (Service Fees). Service Fees for access or use of the Services will be published on the App (as updated from time to time) Where the option is given to you, you may make payment for the Services by way of Credit Card payment (Credit Card).

(b) You acknowledge that Service Fees are non-refundable and non-returnable unless agreed in writing by Stewart Brothers Pty Ltd in its sole discretion.

(c) All payments made in the course of your use of the Services are made using Stripe. In using the App, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions, which are available on their App.

(d) You acknowledge and agree that where a request for the payment of Services Fees is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fees.

(e) You agree and acknowledge that Stewart Brothers Pty Ltd can vary the Services Fees at any time.

6) Service Fees are in Australian dollars unless Stripe permits you to choose another currency and you do so.

6. Refund Policy

Stewart Brothers Pty Ltd will only provide you with a refund of the Services Fees in the event they are unable to continue to provide the Services or if the manager of Stewart Brothers Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).

7. Copyright and Intellectual Property

(a) The App, the Services and all of the related products of Stewart Brothers Pty Ltd are subject to copyright. The material on the App is protected by copyright under the laws of Australia and through International treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the App (including but not limited to text, graphics, logos, button icons, video images, audio clips, App code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Stewart Brothers Pty Ltd or its contributors.

(b) All trademarks, service marks and trade names are owned, registered and/or licensed by Stewart Brothers Pty Ltd, who grants you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:

(i) use the App pursuant to the Terms;

(ii) copy and store the App and the material contained in the App in your device’s cache memory; and

(iii) print pages from the App or save content in a format such as .PDF for your own personal and/or non-commercial use.

Stewart Brothers Pty Ltd does not grant you any other rights whatsoever in relation to the App or the Services. All other rights are expressly reserved by Stewart Brothers Pty Ltd.

(c) Stewart Brothers Pty Ltd retains all rights, title and interest in and to the App and all Related Services. Nothing you do on or in relation to the App will transfer any:

(i) business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright; or

(ii) a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or

(iii) a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process),

to you

4) You must not use or reproduce the Stewart Brothers Pty Ltd’s Intellectual Property for any reason other than the permitted purposes.

5) You may not, without the prior written permission of Stewart Brothers Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the App, which are freely available for re-use, or are in the public domain.

6) In using the Services you shall not, or permit anyone else to, copy, modify, translate, adapt or otherwise create derivative works or improvements, reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the App and/or the Services or any part thereof. In addition, you agree not to remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices on the Services.

8. Privacy

Stewart Brothers Pty Ltd takes your privacy seriously and any information provided through your use of the App and/or Services are subject to Stewart Brothers Pty Ltd’s Privacy Policy, which is available on the App.

9. Warranties and Responsibilities

You represent and warrant that you will not, in connection to the App and/or the Services:

(a) copy, reproduce, redistribute, record, download, transfer, communicate to the public, perform or display to the public, broadcast or otherwise make available to the public any part of the Services (including any User Content), or otherwise make use of the Services (including any User Content) in a manner that is not expressly permitted by these Terms;

(b) use, share, upload, create or deal in any way with any material which infringes or violates any third party rights, including the intellectual property rights in the Services;

(c) sell, rent, licence or lease of any part of the Services;

(d) circumvent, restrict, interfere or disable the security-related features of the Services;

(e) harvest or collect personal information about other Members or users whether or not for commercial purposes, without Stewart Brothers Pty Ltd’s written consent;

(f) falsely state or otherwise misrepresent your affiliation with a person or entity;

(k) use any robot, spider, App search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, ‘scrape’ or in any way reproduce or circumvent the navigational structure or presentation of any part or whole of the Services or their contents;

(l) interfere with or disrupt the Services, or the servers or networks connected to the Services;

(m) post, email or otherwise transmit any material that contains software viruses, ‘Trojan horses’, ‘copybots’, ‘worms’, ‘spyware’, ‘time bombs’, ‘cancelbots’ or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment on the Services;

(n) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;

(o) ‘frame’ or ‘mirror’ any part of the Services, without Stewart Brothers Pty Ltd’s prior written authorisation. Members shall not use meta tags or code or other devices containing any reference to the Services in order to direct any person to any other App for any purpose;

(p) directly or indirectly send ‘spam’, ‘junk mail’, ‘chain letters’, ‘pyramid schemes’ or any other form of solicitation, unauthorised advertisements or unauthorised promotion;

(q) intentionally damage or interfere with the Services or the use of the Services by any means, including but not limited to via use of viruses, adware, spyware, worms or malicious code; and

(r) take action to circumvent any measures that Stewart Brothers Pty Ltd may use to restrict access to the Services.

10. General Disclaimer

(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.

(b) Subject to this clause, and to the extent permitted by law:

(i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and

(ii) Stewart Brothers Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of, or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

(c) Use of the App and the Services is at your own risk. Everything on the App and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Stewart Brothers Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Stewart Brothers Pty Ltd) referred to on the App. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus, or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;

(ii) the accuracy, suitability or currency of any information on the App, the Services, or any of its Services related products (including third party material and advertisements on the App);

(iii) costs incurred as a result of you using the App, the Services or any of the products of Stewart Brothers Pty Ltd; and

(iv) the Services or operation in respect to links which are provided for your convenience.

7) We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of the Services or a third-party linked App. You must take your own precautions to ensure that whatever you select for your use of the Services is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems

11. Limitation of liability

(a) Stewart Brothers Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

(b) You expressly understand and agree that Stewart Brothers Pty Ltd, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

12. Termination of Contract

(a) The Terms will continue to apply until terminated by either you or by Stewart Brothers Pty Ltd as set out below.

(b) If you want to terminate the Terms, you may do so by:

(i) providing Stewart Brothers Pty Ltd with 21 days notice of your intention to terminate, and

(ii) closing your Account(s) for all of the services which you use, where Stewart Brothers Pty Ltd has made this option available to you.

Your notice should be sent, in writing, to Stewart Brothers Pty Ltd via the ‘Contact Us” link on our App.

(c) Stewart Brothers Pty Ltd may at any time, terminate the Terms with you if:

(i) you have breached any provision of the Terms, or intend to breach any provision;

(ii) Stewart Brothers Pty Ltd is required to do so by law;

(iii) the provision of the Services to you by Stewart Brothers Pty Ltd is, in the opinion of Stewart Brothers Pty Ltd, no longer commercially viable.

(d) Subject to local applicable laws, Stewart Brothers Pty Ltd reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the App or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Stewart Brothers Pty Ltd’s name or reputation or violates the rights of those of another party.

(e) Clauses 2, 4, 7, 8, 9, 10, 11 and 19 continue to survive termination and apply to you.

(f) Beyond termination, credits attributed to you on completed projects will remain on the App.

(g) You agree that Stewart Brothers Pty Ltd reserve all rights and remedies against you if you violate these Terms.

13. Indemnity

(a) You agree to indemnify Stewart Brothers Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;

(ii) any direct or indirect consequences of you accessing, using or transacting on the App or attempts to do so; and/or

(iii) any breach of the Terms.

14. Third-Party Websites, Goods, and Services

The App and/or Services may contain links to websites, apps, goods, and services operated or provided by third parties (e.g. IMDb.com). Those links are provided for convenience and may not remain current or be maintained. Stewart Brothers Pty Ltd does not endorse any of these third parties or the information, products or services that they provide. Any correspondence between you and the third party are solely between you and the third party and your access and use of the third party services are solely at your own risk. Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.

15. Dispute Resolution

(a) Compulsory

If a dispute arises out of or relates to the Terms, neither party may commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

(b) Notice

A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

(c) Resolution

On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:

(i) Within 21 days of the Notice, endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they mutually agree;

(ii) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be provided by Arts Law (https://www.artslaw.com.au/);

(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a precondition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;

(iv) The mediation will be held in Sydney, Australia.

(d) Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

(e) Termination of Mediation:

If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

16. Entire Agreement

These Terms represent the entire agreement between you and Stewart Brothers Pty Ltd relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms as set forth above.

17. Independent Parties

No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

18. Severance

The failure to require performance of any provision shall not affect either Stewart Brothers Pty Ltd or your right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.

19. Governing Law

The Terms are governed by the laws of New South Wales, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New South Wales, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

20. Venue and Jurisdiction

The Services offered by Stewart Brothers Pty Ltd may be accessed and utilised by users worldwide. In the event of any dispute arising out of or in relation to the App, you acknowledge that the exclusive venue for resolving any dispute shall be in the courts of New South Wales, Australia.

21. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.