Terms of Service
Welcome, and thank you for your interest in Castasugar. (“Castasugar,” “we,” or “us”) and our website at www.castasugar.com, along with our related websites, networks, applications (including mobile applications), and other services provided by us (collectively, our “Service”). These Terms of Service are a legally binding contract between you and Castasugar regarding your use of the Service.
This website is owned by, and content is published by Castasugar.
Capitalised words used in these terms of service have the meaning given in the dictionary at the beginning of these terms and conditions.
1.1 Definitions and Interpretations
Unless inconsistent with the context, the following expressions shall have the following meanings:
“Business Day” means any day which is not a Saturday, Sunday or a gazetted public holiday in New South Wales;
“Commencement Date” means the date on which Castasugar provides the Customer with access to the Website;
“Confidential Information” means all information, however recorded or retained and whether oral or written or electronically stored about all or any of the following:
- the Website;
- the Content;
- the Software;
- information, ideas and concepts related to Castasugar or the business of Castasugar;
- ideas or concepts of any employee or consultant of Castasugar shared with, or disclosed to the Customer;
- the affairs of Castasugar;
- arrangements between Castasugar and:
- any person other than the Customer; and
- the Customer;
- trade secrets of Castasugar;
- the management, policies, strategies, practices and procedures of Castasugar;
- any other information or communication that Castasugar notifies the Customer as being confidential;
- the financial position of Castasugar;
but does not include information which:
- is or becomes public knowledge other than as a result of any breach by the Customer of this Agreement;
- is in the possession of the Customer without restriction in relation to disclosure before the date of receipt from Castasugar;
- has been independently developed or acquired by the Customer without reference to Castasugar’s Confidential Information;
“Content” means any information, text, materials, graphics, logos, button icons, images, video and audio clips, trade marks (whether registered or not), advertisements, layout, arrangement, graphical user interface, look and feel, and control features of the Website;
“Corporations Act” means the Corporations Act of Australia.
“Customer” means the person who registers to use the Service, and where the context permits, includes any entity on whose behalf that person registers to use the Service, and any person or organisation that uses the Service with the authorisation of that person or entity;
“Customer Personnel” means the officers, employees, agents or subcontractors of the Customer;
“Data” means all data that is uploaded to the Website by or on behalf of the Customer;
“Force Majeure” means acts of God, acts of government, strikes, lockouts or other industrial disturbances, blockades, wars, insurrections or riots, epidemics, landslides, fires, storms, floods, explosions or other similar causes beyond the control of a party, provided that such party has not substantially contributed to the occurrence of such acts through its own default or negligence;
“GST” has the meaning given to that term in the GST law and includes any replacement or subsequent similar tax;
“GST law” has the same meaning as is ascribed to that term in the A New Tax System (Goods and Services Tax) Act 1999;
“Initial Term” means twelve (12) months from the Commencement Date;
- in the case of a natural person, that person becoming an “insolvent under administration” as that term is defined in the Corporations Act;
- in the case of a corporation, that corporation becoming
- an “externally-administered body corporate” as that term is defined in the CorporationsAct
- unable to pay its debts as and when they fall due
- insolvent or deemed to be insolvent under the Corporations Act; or comparable law applicable to Customer;
- subject to any voluntary or involuntary bankruptcy, receivership, or other comparable proceeding under applicable law;
- subject to a scheme of arrangement or official management pursuant to the Corporations Act or comparable law applicable t o Customer; or
- in any other case, any event analogous to any of the foregoing;
“Intellectual Property Rights” includes all intellectual property rights and industrial property rights throughout the world including rights in respect of or in connection with:
- rights in any trade secrets or other Confidential Information;
- copyright (including future copyright and rights in the nature of or analogous to copyright);
- right of integrity, rights of attribution and other rights of an analogous nature which may now exist or which may exist in the future (moral rights);
- inventions (including patents);
- trade marks;
- service marks; and
- rights in designs;
whether or not now existing and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions;
“Licence Fees” means the project fee (excluding taxes and duties) payable by the Customer in accordance with the fee schedule set out on the Website. The amount payable will depend on the usage plan selected by the Customer;
“Privacy Act” means the Privacy Act 1988 (Cth);
“Privacy Laws” means:
- the Privacy Act 1988;
- the National Privacy Principles contained in the schedules to the Privacy Act 1988 and any approved privacy code that applies to any Party;
- all guidelines made by the Privacy Commissioner pursuant to the Privacy Act 1988.
- analogous privacy regulations applicable to Customer, and to Castasugar's use of any Data or Customer’s Personal Information.
“Personal Information” means all information about a person that is collected or otherwise obtained or held by Castasugar as a result of this Agreement and that is personal information as defined in the Privacy Laws or is information to which the Privacy Laws apply.
“Renewal Term” has the meaning given to that term in clause 2(2);
“Service” means any services made available to the Customer through the Website;
“Software” means those modules of the software we make available to you through the Website, as modified from time to time;
“Term” means Initial Term and all Renewal Terms;
“Website” means www.castasugar.com or any other website which is operated by Castasugar.
In these terms and conditions, unless the context otherwise indicates:
- references to any statute, ordinance or other law shall include all regulations and other instruments thereunder and all consolidations, amendments, re-enactments or replacements thereof;
- words importing the singular shall include the plural and vice versa, words importing a gender shall include other genders and references to a person shall be construed as references to an individual, firm, body corporate, association (whether incorporated or not), government and governmental, semi-governmental and local authority or agency;
- where any word or phrase is given a defined meaning in these terms and conditions, any other part of speech or other grammatical form in respect of such word or phrase shall have a corresponding meaning;
- headings included in these terms and conditions for convenience only and shall be disregarded in the construction of these terms and conditions.
- This Agreement commences of the Commencement Date and continues for the Term, unless terminated earlier in accordance with this Agreement
- After the Initial Term, this Agreement shall automatically renew for a further twelve (12) month period (each a “Renewal Term”) until either party provides the other with written notification of non-renewal. Such notification must be provided at least thirty (30) days prior to the expiry of the Initial Term or the Renewal Term, as the case may be.
- Upon termination or expiration of this Agreement, the Customer must immediately cease use of the Service, and promptly return to Castasugar all Confidential Information, software, data, materials and other property of Castasugar held by the Customer.
- Castasugar grants the Customer and the Customer Personnel access to and use of the Website, the Software and the Content during the Term. This right is non-exclusive, non-transferable and limited by and subject to this complete and ongoing compliance with the terms and conditions of the Agreement.
- The Customer agrees to comply with all directions relating to the access and use of the Website, the Software and the Content.
- Castasugar will not provide the Customer with any software or hardware required to assist the Customer or Customer Personnel in gaining access to the Website.
- For the avoidance of doubt, the Customer is responsible:
a. for all equipment, software, hardware and other costs associated with access to the Website by the Customer or Customer Personnel, or both, including without limitation any fees in respect of any web browser or internet service provider used by the Customer to gain access to the Website;
b. for arranging all connections to the Website.
- Castasugar may, in the absolute discretion of Castasugar, retain and assess any data or information concerning the use of the Website by the Customer.
- The Customer must ensure compliance with the provisions of any relevant statutes, regulations, by-laws, and the requirements of any governmental authority
- The Customer agrees and confirms that the Customer is responsible and liable for all acts or omissions of the Customer Personnel as if those acts and omissions were acts and omissions of the Customer.
- Notwithstanding any other provision of this Agreement, the Customer acknowledges, agrees and confirms that the use by the Customer of the Website, the Software and the Content may be subject to certain limitations based upon the usage plan selected by the Customer, including without limitation to a limitation with respect to monthly transaction volumes. Any such limitations will be published on the Website and may be varied from time to time.
- Notwithstanding any other provision of this Agreement, competitors of Castasugar (including without limitation directors, shareholders, employees, agents or consultants of any competitors of Castasugar) shall not at any time be authorised or permitted to access to or use of the Website, the Software and the Content.
- The Customer:
- acknowledges, agrees and confirms that the Customer must not post any material on the Website which is capable of:
- infringing the intellectual property rights, rights to privacy or any other rights of a person or entity;
- breaching any law;
- appearing to be offensive, threatening, harassing, obscene, pornographic, fetish, false, unreliable or misleading;
- being consi dered spam or unwanted advertising of products or services;
- represents and warrants that all information provided by the Customer to Castasugar or posted on the Website is complete and accurate;
- acknowledges, agrees and confirms that:
- if the information of the Customer changes, the Customer is responsible for providing Castasugar with up to date information;
- Castasugar shall not be liable to any person for any loss, damage or consequences resulting from inaccurate or incomplete information being submitted by the Customer;
- when the Customer makes the profile of the Customer public or the Customer includes a photograph in the talent directory of the Website, that Castasugar will publish the personal information and photos of the Customer on the Website, and allow other users of the Website to contact the Customer;
- the Customer will not use any features or information published on the Website for any purpose other than those directly related to auditions or casting calls.
- acknowledges, agrees and confirms that the Customer must not post any material on the Website which is capable of:
- The Customer agrees to pay the Licence Fees to Castasugar for access to the Website, the Software and the Content.
- Castasugar will invoice the Customer for access to the Website, the Software and the Content at the commencement of the Initial Term or a Renewal Term.
- Subject to clause 14(4), the Licence Fees will be payable within 14 days of any quote approval.
- Certain features of the Service are billed on a metered, one-time, or pay-as-you-go basis, in accordance with Castasugar’s then current fees as set forth on the Website. One-time and pay-as-you-go fees are payable in advance upon purchase of the applicable service, while fees for metered services (such as “per-applicant” fees) are calculated and charged at the end of the applicable period.
- In the event that the Customer considers in good faith that an invoice exceeds the amount properly payable, the Customer must:
- notify Castasugar of the amount in dispute; and
- pay the balance of the invoice in accordance with clause 4(3).
5. WITHDRAWAL OF ACCESS
Castasugar reserves the right to immediately, and without notice to the Customer, terminate the right of the Customer or the Customer Personnel to access the Website and the Content if:
- the Customer fails to comply with any provision of this Agreement including without limitation in respect of the payment of the Licence Fees to Castasugar when due;
- this Agreement is terminated for any reason;
- the Customer misuses the Website or the Content or fails to comply with the obligations of the Customer as to the use and access of the Website or the Content;
- the Customer or any Customer Personnel do not comply with the Acceptable Use Policy.
6. TEMPORARY UNAVAILABILITY OF SERVICES
The Customer acknowledges and confirms that:
- the Website or any part of the Website may be temporarily unavailable;
- Castasugar makes no representation or guarantee that access to the Website will be secure, uninterrupted or error free;
- Castasugar makes no representation or assurances that the Website or the Content will satisfy the requirements of the Customer;
- Castasugar makes no representation or assurances that the Website or the Content will comply with any particular laws, regulations, codes or industry standards;
- Castasugar is not responsible for the suspension or interruption to the Website or any part of the Website, regardless of the cause of such interruption or suspension;
- Castasugar may change the Website or any part of the Website or Service at anytime and without notice or liability to the Customer;
- Castasugar may change the Content at any time and without notice or liability to the Customer;
- Castasugar may, in its absolute discretion and without notice to the Customer,deny any Customer Personnel access to the Website or any part of the Website at any time and for any period of time.
- The Customer and Customer Personnel must treat as confidential all Confidential Information which comes into the possession of the Customer or Customer Personnel, pursuant to or as a result of or in the performance of this Agreement, whether such information relates to the business, sales, marketing or technical operations of Castasugar, or the Intellectual Property Rights or industrial property rights of Castasugar, or otherwise, and may only disclose such details to those employees of the Customer who need to know such Confidential Information to enable them to carry out their duties to the Customer for performance of the obligations of the Customer under this Agreement.
- The Customer must not, without the prior written permission of Castasugar, copy or cause to be copied or disclose Confidential Information to a third party, or otherwise use or exploit the Confidential Information.
- The foregoing obligations and commitments not to disclose Confidential Information shall not apply to:
- Confidential Information which is at the time of disclosure or thereafter becomes part of the public domain through no act or omission by a Party;
- Confidential Information which was otherwise lawfully in the possession of a Party, prior to disclosure, as shown by written records;
- Confidential Information which is after the date of this Agreement lawfully disclosed to a party by a third party which did not acquire the confidential information under an obligation of confidentiality from or through the other party; or
- disclosure is required by law or a regulatory body (including a relevant stock exchange).
- The obligations of the Customerunder this clause shall survive the termination of this Agreement.
- The Customers acknowledge and confirm that, unless otherwise agreed in writing, Castasugar shall retain all Intellectual Property Rights associated with the Website or the Content, or both.
- The Customer acknowledges confirms and agrees that:
- all Intellectual Property Rights in the Website or the Content are solely owned by Castasugar, and except as expressly set forth herein, no rights or licenses thereto are granted, whether expressly, by implication, estoppel, or otherwise;
- the Customer will not:
- disclose the Content to anyone else;
- remove any information which gives notice of the rights of any person (including Castasugar) in the Website or Content, or both;
- allow any act to be done in respect of the Website or the Content which is not expressly permitted by this Agreement.
- Each of the Customer and Castasugar acknowledge and confirm that data generated in connection with Customer’s and other users’ use of the Service shall be owned by Castasugar and nothing in this Agreement or otherwise confers any rights on the Customer in relation to such data (including without limitation, Intellectual Property Rights or other proprietary rights).
- Each of the Customer and Castasugar acknowledge and confirm that, as between Castasugar and Customer, ownership of all Data uploaded to the Service by or on behalf of Customer remains with Customer (including without limitation, Intellectual Property Rights or other proprietary rights). By submitting Data to Castasugar, you hereby grant Castasugar and its affiliates a worldwide, non-exclusive, fully paid-up, royalty-free, perpetual, irrevocable, sublicensable, and transferable licence to use, reproduce, distribute, transmit, publicly display, modify, and publicly perform your Data and adaptations thereof, in connection with the development, operation, maintenance, enhancement, and promotion of the Service and the operation of the Castasugar business, and to collect, combine, aggregate, and analyse, data related to your Data and derivatives thereof. You also grant to Castasugar and its affiliates the right to use any name and/or voice and/or likeness that you submit as a part of or in connection with your Data, without compensation or need for your prior approval. You also agree to irrevocably waive (and cause to be waived) any claims and assertions of so-called “moral rights” or attribution with respect to your Data. Castasugar has no obligation to, and does not represent or warrant that it will, publish Customer’s Data, and reserves the right, in its sole discretion, to refuse to allow any particular Data Service, or to remove any Data at any time with or without notice.
- Customer is solely responsible for Customer’s Data and the consequences of posting or publishing such Data, and Customer affirms, represents, and warrants that:
- the Customer owns or has all necessary rights, licenses, consents, and permissions in the Data sufficient to grant the licences herein;
- the Data, including use of the Data by Castasugar in accordance with this Agreement, does not and will not infringe, invade, misappropriate or otherwise violate any Intellectual Property Rights of any third party or violate any applicable law or regulation.
- The Customer warrants that:
- the Customer owns all intellectual property rights in the Data;
- the dealingsof Castasugar with the Data will not infringe the intellectual property rights of a third party.
- The Customer acknowledges and confirms that:
- the Customer must maintain back-up copies of all Data;
- Castasugar does not make any guarantee or warranty of any kind in relation to the Data;
- Castasugar will not be responsible for the reinstatement or recovery of data as a consequence of inadequate back-up being maintained by the Customer, or for delivering any Data back to Customer following any expiration or termination of this Agreement; and
- the access of the Custome r to the Data is contingent upon the prompt payment of applicable Licence Fees.
Castasugar may subcontract the whole, or any part, of the obligations of Castasugar under this Agreement without the prior consent of the Customer.
The Customer must not assign any of its rights under this Agreement without the prior written approval of Castasugar, whether by operation of law, merger, change of control, or otherwise. The approval of Castasugar will not be unreasonably withheld, conditioned, or delayed. Castasugar‘s approval or Customer’s assignment of the Agreement will not relieve the Customer of its obligations under this Agreement.
12. NO IMPLIED TERMS
- SUBJECT TO CLAUSE 12(b), ANY CONDITION OR WARRANTY WHICH WOULD OTHERWISE BE IMPLIED IN THIS AGREEMENT IS HEREBY EXCLUDED.
- Where legislation implies in this Agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying the application of or exercise of or liability under such condition or warranty, the condition or warranty shall be deemed to be included in this Agreement. However, to the extent permissible under applicable law, the liability of Castasugar for any breach of such condition or warranty shall be limited, at the option of Castasugar, to one or more of the following, if the breach relates to services:
- the supplying of the services again; or
- the paym ent of the cost of having the services supplied again.
13. DISCLAIMER, INDEMNITY AND EXCLUSION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST CASTASUGAR, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT CASTASUGAR HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER CASTASUGAR NOR ANY PARTIES PROVIDING SITE CONTENT SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM CASTASUGAR OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORISED ACCESS TO CASTASUGAR’S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CASTASUGAR, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO CASTASUGAR FOR ACCESS TO OR USE OF THE SITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT ANY STATE OR OTHER JURISDICTION PROHIBITS THE EXCLUSION OF WARRANTIES OR GUARANTEES OR THE LIMITATION OF LIABILITY AS CONTEMPLATED IN THESE TERMS, NOTHING IN THESE TERMS WILL BE READ AS APPLYING TO THE RELEVANT WARRANTIES OR GUARANTEES THAT CANNOT BE EXCLUDED OR LIABILITY THAT CANNOT BE LIMITED.
- Without limiting the rights of Castasugar under clause 5, Castasugar may terminate the obligations of Castasugar under this Agreement by notice in writing to the Customer if the Customer:
- commits a breach of this Agreement where:
- the breach can be remedied and the Customer fails to remedy such breach within ten (10) Business Days after receipt of a notice from Castasugar specifying the breach and requiring the Customer to remedy such breach, provided that Castasugar may, in its discretion, suspend any applicable Services during such cure period; or
- the breach cannot be remedied; or
- becomes Insolvent.
- commits a breach of this Agreement where:
- If notice is given to the Customer pursuant to clause 14(a), Castasugar may, in addition to terminating this Agreement:
- retain any monies paid in relation to this Agreement;
- be regarded as discharged from any further obligations under this Agreement;
- pursue any additional or alternative remedies provided by law.
- The Customer may terminate the obligation of the Customer under this Agreement by notice in writing to Castasugar if Castasugar becomes Insolvent.
- The Customer may terminate the Agreement for convenience by not less than thirty (30) days prior written notice to Castasugar, provided always that any termination of this Agreement by the Customer pursuant to this clause 14(d) shall not relieve the Customer of any payment obligations under clause 4 of this Agreement and shall not limit Castasugar from pursuing any additional or alternative remedies provided at law. Any outstanding Subscription Fees shall become immediately due and owing to Castasugar upon termination by the Customer pursuant to this clause 14(d).
- Castasugar may, at any time upon written notice, terminate the obligations of Castasugar under this Agreement in whole or in part for convenience, subject to a refund of Licence Fees paid by Customer in advance in an amount prorated against the portion of the prepaid subscription term remaining as of the effective date of termination.
15. FORCE MAJEURE
- Neither Party is liable to the other Party in respect of the results of any delay or failure to perform its obligations pursuant to this Agreement if such delay or failure is caused by an event of Force Majeure.
- The performance of the obligations of a Party will be suspended for the period of an event of Force Majeure.
- If a delay or failure of the Customer to perform the obligations of the Customer under this Agreement due to an event of Force Majeure exceeds forty five (45) Business Days, Castasugar may immediately terminate this Agreement on providing notice in writing to the Customer.
- Despite any other provision in this Agreement, if a party (“Supplier”) makes a supply under or in connection with this Agreement on which GST is imposed (not being a supply the consideration for which is stated to be GST inclusive):
- the consideration otherwise payable or to be provided for that supply is increased by, and the recipient of the supply (“Recipient”) must also pay to the Supplier, an amount equal to the GST payable by the Supplier on that supply; and
- the Recipien t must pay that amount, without set off or deduction, at the same time as it must pay or provide the consideration for that supply.
- The Recipient need not make a payment due under this clause 16 in respect of a taxable supply until the Supplier has given the Recipient a tax invoice for the supply to which the payment relates.
17. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior representations, agreements, statements an understanding, whether verbal or in writing.
18.Copyright Complaint Policy
If you believe in good faith that materials hosted by us infringe your copyright, please provide the written information requested below. The procedure outlined below is exclusively for notifying Castasugar that your copyrighted material has been infringed.
Please provide the following information in the following format (including Section Numbers):
- A clear identification of the copyrighted work you claim was infringed.
- A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the Website, such as a link to the infringing material.
- Your contact information so that we can reply to your complaint, preferably including an email address and telephone number.
- Include the following statement: “I have a good faith belief that the material that is claimed as copyright infringement is not authorised by the copyright owner, its agent, or the law.”
- Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and I am the copyright owner, or am authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.”
- The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claims of copyright infringement on this website should be emailed or mailed to:
Legal Director Castasugar
PO Box 7160 Bondi Beach, NSW 2026
- We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please note that you may be liable for damages (including costs and attorneys fees) if you make a false claim of copyright infringement.
- We will review and address all notices that comply with the requirements above.
- This deed is governed by the law in force in New South Wales without regard to conflict of law provisions.
- To the extent that any action in court of law is permitted hereunder, each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales and courts of appeal from them, or, if Customer is domiciled in North America, the courts located in Santa Clara County, California and courts of appeal from them. Each party waives any right it has to object to an action being brought in those courts, to claim that the action has been brought in an inconvenient forum or to claim that those courts do not have jurisdiction.
- Without preventing any other mode of service, any document in an action including, without limitation, any writ of summons or other originating process or any third or other party notice may be served on a party by being delivered to or left for that party with regarding to Castasugar, PO Box 2160, Bondi Beach, New South Wales, Australia 2026, and with respect to Customer, at the address you provided in connection with your registration.
- A notice, approval, consent or other communication in connection with this deed:
- must be in writing unless expressly specified otherwise; and
- must be left at or sent by prepaid ordinary post to the address of the addressee which is specified on page 1 of this deedin the case of the parties to this deed.
- Unless a later time is specified in it a notice, approval, consent or other communication takes effect from the time it is received.
- A letter is taken to be received on the third day after posting.
- Any present or future legislation which operates to vary an obligation or right, power or remedy of a person in connection with this deed is excluded except to the extent that its exclusion is prohibited or rendered ineffective by law.
- In the event that any provision of this Agreement is held to be invalid or unenforceable, then: (i) such provision shall be deemed reformed to the extent strictly necessary to render such provision valid and enforceable, or if not capable of such reformation shall be deemed severed from this Agreement; and (ii) the validity and enforceability of all of the other provisions hereof, shall in no way be affected or impaired thereby.
- Customer may not assign this Agreement, whether directly or indirectly, expressly or by operation of law, including in connection with a merger or change of control, without the prior written consent of Castasugar, and any such attempted assignment shall be void and of no effect. Castasugar may assign this Agreement without restriction. Subject to the foregoing, this Agreement shall be binding on the parties and their respective successors and permitted assigns.
- The failure to exercise, or delay in exercising, a right, power or remedy provided in this Agreement or by law shall not constitute a waiver of that right, power or remedy. Castasugar’s waiver of any obligation or breach of this Agreement shall not operate as a waiver of any other obligation or subsequent breach of this Agreement.