In order to make these Terms of Service as straight forward and easy to read as possible, we have used layman’s language and terms where possible.
It has also been indexed for ease of navigation. They are vital to your use of the GizaGig platform and system, so we urge you to please read them in full!
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
GizaGig.com (hereinafter referred to as "Gizagig", "we", "us" or "our") operates a platform, system and community marketplace that connects entertainers and all other related persons, for example sound technicians, available to receive bookings (collectively, “Acts”), with those wishing to book them (“Bookers”) for gigs, performances and related activities (collectively, “Gigs”). It allows all Users to avail of various free services and premium services ("Services"), that compliment Gigs booked. All operations are accessible at http://www.GizaGig.com and any other websites, media, applications or platforms through which GizaGig is available (collectively, the “Platform”). Users can create profiles, list events, find and book Acts around the world, and manage the promotion and logistics of those activities through the platform. The collective features, Collective Content, functionality of GizaGig, and the Platform on which they are made available is referred to collectively as the system (the “System”). GizaGig refers to GizaGig Limited.
THE SYSTEM COMPRISES AN ONLINE AND CLOUD PLATFORM THROUGH WHICH USERS MAY CREATE PERSONAL ACCOUNTS AND PUBLIC PROFILES TO FACILITATE THE BOOKING AND MANAGING OF GIGS. BOOKERS MAY LEARN ABOUT AND BOOK ACTS DIRECTLY WITH THEM AND USERS CAN MANAGE ASPECTS OF GIG RELATED ACTIVITIES. YOU UNDERSTAND AND AGREE THAT GIZAGIG IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN ACTS, RELATED USERS AND BOOKERS, NOR IS GIZAGIG AN EVENT BROKER, AGENT OR INSURER. GIZAGIG HAS NO CONTROL OVER THE CONDUCT OF ACTS, RELATED USERS, BOOKERS, OTHER USERS OF THE SYSTEM, OR BENEFACTORS OF THE SYSTEM THROUGH THEIR ATTENDANCE AT EVENTS OR ASSOCIATION WITH ANY USER OR ENTITY REGISTERED ON THE SYSTEM, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SYSTEM OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SYSTEM, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE PLATFORM AND SYSTEM. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE PLATFORM, SYSTEM OR COLLECTIVE CONTENT. IF YOU ACCEPT OR AGREE TO THESE TERMS ON BEHLAF OR A COMPANY OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY AND OR OTHER ENTITY , AND INDIVIDUALS INVOLVED WITH IT, TO THESE TERMS AND, IN SUCH EVENT, “YOU” and “YOUR” WILL REFER AND APPLY TO THAT COMPANY OR OTHER ENTITY.
Certain areas of the System (and your access to or use of certain aspects of the System or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms, and terms and conditions posted for a specific area of the System, the latter terms and conditions will take precedence with respect to your use of or access to that area of the System.
GizaGig reserves the right, at its sole discretion, to modify the Platform, System or Services or to modify these Terms, including all fees, charges, costs, deposits and other financials, at any time and without prior notice. If we modify these Terms, we will either post the modification on the System or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Platform, System or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the System and any part of it.
The Platform and System are intended for use by all persons. However, certain elements of the Platform or System, or requirements of its Users, may require that any Users with whom they engage must be above a specified age, typically 18 or 21. For this reason, it is a requirement that all Users provide their date of birth.
"User" means a person who completes GizaGigs’ Personal Account registration process, including but not limited to Acts and Bookers, as described under "Account Registration" below. Users can operate on the System as private individuals or on behalf of an Entity.
“Entity” means an individual or group of individuals that are involved in the booking and delivery of Gigs on a commercial basis, typically but not limited to bands, individual performers and venues. An Entity may or may not be legally incorporated.
"Entity Profile" means a public profile created by a User on the System, to promote the public face of their Entity, so as to facilitate the making and/or receiving of bookings. As there are multiple Entity types, it may also be referred to as a “Band Profile”, an “Act Profile”, or a “Venue Profile”.
“Venue” means a building, space, area or location where Gigs can, will or may potentially take place, with Acts being booked via the Venue Profile on the System to perform there.
"Act" means a User or Group of Users who create and maintains an Entity Profile via the System to make themselves available to receive bookings to perform at events, gigs and related activities, and participate in or contribute to the delivery of same.
"Booker" means a User who creates and maintains a Personal Account and/or Entity Profile via the System, in order to allow them book an Act.
“Commercial Booker” means a User or Group of Users who create and/or maintain an Entity Profile via the System to enable them make bookings on a regular basis for commercial purposes.
“Private Booker” means a User who creates and maintains a Personal Account, and books Acts via the System on a once off or infrequent basis.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"GizaGig Content" means all Content that GizaGig makes available through the System, including any Content licensed from a third party, but excluding User Content.
"User Content" means all Content that a User posts, uploads, publishes, submits, transmits, or includes in their profiles to be made available through the System.
"Collective Content" means User Content and GizaGig Content.
“Gigs” means any activity for which a User or Entity is booked via the System.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), that entertainment and related services providers and bookers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
The Platform and Services can be used to facilitate the booking of Acts by Bookers, for live entertainment and other performances, and associated activities (hereafter known as “Gigs”). Such Bookings are made possible by way of Entity Profiles on the Platform. You may view certain Entity Profiles as an unregistered visitor to the System; however, if you wish to make a booking, or make yourself available to receive a booking, you must first register to create a Personal Account. It may also be necessary to create an Entity Profile.
As stated above, GizaGig makes available a cloud hosted System with related technology for Acts and Bookers to meet online and book Gigs directly with each other. GizaGig is not an owner or administrator of Acts or Bookers. Unless explicitly specified otherwise in the GizaGig Platform or System, GizaGig's responsibilities are limited to: (i) facilitating the availability of the System and (ii) serving as the limited Booking Deposit payment collection agent of each Act for the purpose of accepting Booking Deposits from Bookers on behalf of the Act.
PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM, SYSTEM AND SERVICES ARE INTENDED TO BE USED TO FACILITATE ACTS AND BOOKERS CONNECTING AND BOOKING GIGS DIRECTLY WITH EACH OTHER AND TO PROMOTE AND MANAGE THOSE GIGS AND RELATED ACTIVITIES. GIZAGIG CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY PERSONAL ACCOUNTS OR ENTITY PROFILES AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACTS OR BOOKERS. GIZAGIG IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL PERSONAL ACCOUNTS, ENTITY PROFILES, BOOKINGS, GIGS, AND ACTIVITIES RELATED TO DELIVERY OF GIGS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE USER'S OWN RISK.
In order to access certain features of the Platform, and to make or receive bookings, or create an Entity Profile, you must register to create a Personal Account and become a User. You may register to join the System and Services directly via the Platform or as described in this section.
You may also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your GizaGig Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to GizaGig through the Site, Services or Application; or (ii) allowing GizaGig to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to GizaGig and/or grant GizaGig access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating GizaGig to pay any fees or making GizaGig subject to any usage limitations imposed by such third-party service providers. By granting GizaGig access to any Third-Party Accounts, you understand that GizaGig will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Platform and System via your GizaGig Account and GizaGig Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be User Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your GizaGig Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or GizaGig's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform and Services. You have the ability to disable the connection between your GizaGig Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS.
GizaGig makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and GizaGig is not responsible for any SNS Content. Your GizaGig Personal Account and your GizaGig Entity Profile page will be created for your use of the Platform and System based upon the personal and Entity Profile information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active GizaGig Personal Account. You may have multiple Entity Profiles to represent different entities with which you are associated. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. GizaGig reserves the right to suspend or terminate your GizaGig Account and/or Profiles(s) and your access to the Platform and Services if you create more than one (1) GizaGig Personal Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your GizaGig Account, whether or not you have authorized such activities or actions. You will immediately notify GizaGig of any unauthorized use of your GizaGig Account.
As a User, you must create an Entity Profile in order to receive bookings, or to make bookings in a commercial capacity. To create an Entity Profile, you will be asked a variety of questions, including, but not limited to, the location, capacity, size, features, and availability and pricing and related rules and financial terms. In order to be featured in search results via the System, all Entity Profiles must be connected with a Personal Account containing a valid email address and mobile phone number. Entity Profiles will be made publicly available via the System. Other Users will be able to book or receive bookings via the System based upon the information provided in your Entity Profile. You understand and agree that once a booking is made, you may not request a change to the pricing agreed.
Any User with a Personal Account wishing to receive notifications for an Entity Profile, must have their Personal Account linked to that Entity Profile, and a personal email address and mobile number verified. A Personal Account can be linked to an unlimited number of Entity Profiles.
You acknowledge and agree that you alone are responsible for any and all Entity Profiles and User Content you post. Accordingly, you represent and warrant that any Entity Profiles you post and the bookings made from, or bookings received by an Entity Profile you post (i) will not breach any agreements you have entered into with any third parties, such as venue owners or agents, and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to receiving or making Gig bookings (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that GizaGig assumes no responsibility for an Act’s’, Venues’ or Bookers’ compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. GizaGig reserves the right, at any time and without prior notice, to remove or disable access to any Entity Profile for any reason, including Entity Profiles that GizaGig, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or GizaGigs’ then-current Policies and Community Guidelines, or otherwise harmful to the System.
If you are an Act or Booker, you understand and agree that GizaGig does not act as an insurer or as your contracting agent. If as a Booker you book an Act or as an Act accept a booking, any agreement you enter into is between you and Act or Booker, and GizaGig is not a party to it. Notwithstanding the foregoing, GizaGig serves as the limited authorized deposit collection agent of the Act for the purpose of accepting, on behalf of the Act, deposit payments from Bookers of such amounts stipulated by the Act or System (including other fees and/or Taxes).
GizaGig recommends that Bookers obtain appropriate insurance for their Venue or Event, and that Acts obtain appropriate insurance for themselves, for example equipment insurance and loss of earnings insurance. Please review any insurance policy that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of the Act (and the individuals working or associated with the Act in order to deliver their services to you as per Your Booking agreement, if applicable) or the Booker (and the individuals working or associated with the Booker or Venue in order to deliver their services to you as per Your Booking agreement, or being present at the Venue, if applicable ) while operating at, attending, or being associated with a Gig that you have either booked or been booked for.
When you create an Entity Profile, you may also choose to include certain requirements which must be met by the Users who are eligible to book you or receive a booking from you, such as requiring Users to have a promotional video or verified phone number, in order to book or receive a booking from you. Any User wishing to book or receive a booking included in Entity Profiles with such requirements must meet these requirements.
If you are an Act or Booker, GizaGig makes certain tools available to you to help you to make informed decisions about which Users you choose to book or receive a booking from. You acknowledge and agree that, as an Act or Booker, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you book or receive a booking from.
Users are required to verify their email address, mobile phone, and where applicable their business or commercial entity, in order to make or receive bookings. Accounts and Profiles that have not been verified in full, or are only part verified, may be subject to certain restrictions, including but not limited to; unable to make and or receive bookings.
Ownership and responsibility for Personal Accounts and Entity Profiles lies with the User that created and maintains them until such times as that User transfers ownership to another individual, company or entity. For more information on transfer of ownership, please see www.gizagig.com/help. An Entity Profile owner may allow other Users to administer the profile through the granting of administration rights. However, ultimate responsibility rests with the Entity Profile owner.
Users can request a name change or transfer of ownership on Personal Accounts and Entity Profiles. This is facilitated by way of allocating each new Account or Profile created a GUID, Unique ID or Primary Key. Changing a name or transferring ownership does not expunge any liabilities that a User or Entity may have incurred during its use. Where a change or transfer takes place, the new owner and administrator agrees that they will take on any pre-existing liabilities that may lie with the Account or Profile, including monies outstanding to GizaGig. All existing content will continue to be attached to any Personal Accounts or Entity Profiles that are subject to a name change or transfer of ownership.
GizaGig may offer Acts and Bookers the option of having photographers take photographs, videographers make film recordings, or recording engineers make audio recordings of your venue, members or other areas suitable for inclusion on a Entity Profile. If you as an Act or Booker choose to do this, the media taken or recorded will be made available to you to include in your Entity Profile with a watermark or tag bearing the words "GizaGig.com" or other wording or a logo (collectively "Verified Media"). You agree that you alone are responsible for ensuring that your Entity Profile is accurately represented in the Verified Media. You alone are responsible for using the Verified Media, and you warrant that you will cease to use the Verified Media or any other media if such media cease to accurately represent your Entity Profile. All images, materials and content created by these providers, including Verified Images, constitute GizaGig Content, regardless of whether you include them in your Entity Profile. You agree that GizaGig may use the Verified Media for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Entity Profile or otherwise, without further notice or compensation.
GizaGig may use certain User Content to generate promotional media on behalf of an Act and Booker. This may include, but is not limited to, the production of digital images, physical posters and social media posts. It is the responsibility of all Users to ensure that any User Content loaded or posted to the System is correct and free from errors. As a User you understand and accept that GizaGig has no liability for loss or embarrassment caused through the creation and publication of media containing errors due to User Content. As a User you also understand and accept that GizaGig is under no obligation to correct and media created or published on behalf of a User containing errors as a result of User Content.
Where errors in media created and published are as a result of a GizaGig error, GizaGigs’ responsibility in correcting said error extends only to reproducing and republishing the media as originally intended. GizaGig bears no responsibility and accepts no liability for damage, losses or embarrassment experienced as a result of such errors.
GizaGig will endeavour at all times to create, deliver and publish any media created in a timely fashion. However, as a User you understand and accept that you cannot hold GizaGig responsible should delays occur. GizaGig bears no responsibility and accepts no liability for damage, losses or embarrassment experienced as a result of such delays.
GizaGig does not endorse any Act or Booker. You understand that Verified Media are intended only to indicate a representation of the Act or Venue at the time the media was produced. Verified Media are therefore not an endorsement by GizaGig of any User or entity. Users are required by these Terms to provide accurate information, and although GizaGig may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any User or the User's purported identity or background.
Any references in the Platform or System to a User being "verified" or "connected" (or similar language) only indicate that the User has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by GizaGig about any User, including of the User's identity and whether the User is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Platform or System. We therefore recommend that you always exercise due diligence and care when deciding whether to book or to accept a booking from another User, or to have any other interaction with any other User. Except as provided in the No-Show Guarantee Terms and Conditions ("No-Show Guarantee"), which is a GizaGig enforced agreement between Acts and Bookers, we are not responsible for any damage, harm, loss of earnings, inappropriate behaviour, or negative impacts resulting from your interactions with other Users.
By using the Platform, System or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from GizaGig with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users on the Platform or System regarding any bookings or interactions made or received by you.
"Gig Fees" means the amounts that are due and payable by a Booker in exchange for that Acts’ Gig performance or related activity. The Booker alone, and not GizaGig, is responsible for the Gig Fees for his or her bookings. Apart from payment to the Act of Booking Deposits as received from Bookers, GizaGig is in no way responsible for ensuring payment of Gig Fees by a Booker to an Act.
“Expense Costs” means additional costs incurred by an Act in order to deliver on a Booking. If applicable, the additional costs may be calculated by the System on the Acts’ behalf and added to the Gig Fees. Expense fees may not be imposed or requested by an Act after a booking has been made.
"Booking Deposit" means the portion of the Gig Fees paid by the booker at the time of making a booking, and in advance of the Gig. The Booking Deposit is calculated as a percentage of the Gig Fee subject to a minimum amount. It is paid to the Act after the Gig has been completed or returned to the Booker in the event of a cancellation by the Act. A “Booking Deposit” is applied to all Private Booker Bookings and Entity Profile Bookings that are unverified.
"System Deposit" means a deposit lodged with GizaGig by any User on behalf of an Entity Profile of which they are a part or an administrator. The System Deposit is held by GizaGig to covers, including but not limited to, No-Show Guarantee payments, credit card payment failures, and any outstanding payments owed by the User to GizaGig.
"GizaGig Fees" means the fee that GizaGig charges an Act for the use of the Services, which is calculated as a percentage of the applicable Gig Fees. GizaGig Fees are not applied to “Expense Costs”.
"Premium Service Fees" means fees paid to GizaGig by Users availing of Premium Service offerings on the Platform or System.
"Total Fees" means the total of all fees and costs plus any applicable taxes.
Bookings and Financial Terms for Acts and Bookers
• When a booking is made via the Platform or System, we will send you an email, text message or message via confirming such booking, depending on the selections you make via the Platform or System. GizaGig will collect the Booking Deposit where applicable at the time of the booking being made and will initiate payment of the Booking Fees to the Act within 24 business hours of the Gig taking place. The time it takes for the Act to receive payouts may depend upon the payout method chosen by the Act. Some methods involve the use of third-party payment processors, who may impose their own additional charges for the use of their services on the Act, including by deducting their charges from the payout amount. If you owe or agree to pay any amount to GizaGig (whether as a result of your bookings or purchase of Premium Services), then GizaGig may (but is not obliged to) withhold the amount owing to GizaGig from any payout amounts due to you as an Act, and use the withheld amount to offset the amount owed by you to GizaGig. If GizaGig does so, then your obligation to pay GizaGig will be extinguished to the extent of the amount withheld by GizaGig, and GizaGig will cease to owe to you any obligations (including, but not limited to, any obligation to pay you) with respect to the amount withheld. In addition to the amount due, if your account is delinquent or you otherwise have chargebacks on your account, you may be charged fees that are incidental to our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees, or other third party charges. You hereby explicitly agree that all communication in relation to delinquent accounts will be made by electronic mail or by phone, as provided to GizaGig by you. Such communication may be made by GizaGig or by anyone on its behalf, including but not limited to a third party collection agent.
Appointment of GizaGig as Limited Payment Collection Agent for Acts
• Each Act hereby appoints GizaGig as the Act's limited payment collection agent solely for the purpose of accepting Booking Deposits from the Booker. Each Act agrees that payment made by a Booker through GizaGig, shall be considered the same as a payment made directly to the Act, and the Act will make themselves available to the Booker in the agreed-upon manner as if the Act has received the Gig Fees. Each Act agrees that GizaGig may, in accordance with the cancellation policy selected by the Act and reflected in the relevant Entity Profile, (i) permit the Booker to cancel the booking and (ii) refund (via GizaGig) to the Booker that portion of the Booking Deposit specified in the applicable cancellation policy. Each Act understands that as GizaGig accepts Booking Deposits from Bookers as the Act's limited payment collection agent and that GizaGigs’ obligation to pay the Act is subject to and conditional upon successful receipt of the associated payments from Bookers. GizaGig does not guarantee payments to Acts for amounts that have not been successfully received by GizaGig from Bookers. In accepting appointment as the limited authorized agent of the Act, GizaGig Payments assumes no liability for any acts or omissions of the Act. Please note that GizaGig does not currently charge fees for the creation of Entity Profiles. However, you as an Act acknowledge and agree that GizaGig reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Entity Profiles. Please note that GizaGig will provide notice of any Entity Profile fee collection via the Platform or System, prior to implementing such a Entity Profile fee feature.
Bookings and Financial Terms for Bookers
• The Acts, not GizaGig, are solely responsible for honouring any confirmed bookings and making themselves available for any Gigs reserved through the Platform or System. If you, as a Booker, choose to enter into a transaction with a. Act for the booking of a Gig, you agree and understand that you will be required to enter into an agreement with the Act and you agree to accept any terms, conditions, rules and restrictions associated with such Gigs imposed by the Act. You acknowledge and agree that you, and not GizaGig, will be responsible for performing the obligations of any such agreements, that GizaGig is not a party to such agreements, and that, with the exception of its payment obligations hereunder, GizaGig disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that GizaGig is not a party to the agreement between you and the Act, GizaGig acts as the Act's payment collection agent for the limited purpose of accepting Booking Deposits from you on behalf of the Act. Upon your payment of the Booking Deposit to GizaGig, your payment obligation to the Act for that portion of the Gig Fees is extinguished, and GizaGig is responsible for remitting the Booking Deposit, in the manner described in these Terms. In the event that GizaGig does not remit any such amounts as described in these Terms, such Act will have recourse only against such GizaGig entity.
• The Total Fees payable will be displayed to a Booker before the Booker books and Act. If a requested booking is cancelled by the Act any amounts collected by GizaGig will be refunded to such Booker, and any pre-authorization of such Booker's credit card will be released, if applicable. The Total Fees will be paid by the Booker directly to the Act as agreed between both parties, less any Booking Deposit if applicable. With the exception of the Booking Deposit, you understand and accept that GizaGig has no responsibility or obligations with respect to the payment of the Gig Fees or any other fees, charges or costs, arising from the agreement between Bookers and Acts.
GizaGig reserve the right to offer services and periods of use free of charge to Users and Entities. The extent of any free periods or free services offer may vary from User to User, time to time and location to location. GizaGig reserves the right at its own discretion to withdraw, extend, or alter all free use periods and free availability of services, at any time and without notice.
All private and non-commercial bookers are required to pay booking deposits (“Booking Deposits”) at the time of booking an Act. The booking deposit amount is 25% of the Total Fee to be paid to the Act.
The amount is held by GizaGig and released to the Act within a commercially reasonable time of us receiving confirmation that the Act performed as agreed. The Booker is contacted immediately after the event to confirm that the Act adhered to the agreement made at the time of the booking being made. Where the Booker fails to make a confirmation within 24 hours, it will be assumed that the Act adhered to the terms of their agreement. Once we have confirmed that the Act began approximately at the time agreed, and performed for the agreed duration, the monies will be released to the Act. The Booking Deposit cannot be held back on behalf of the Booker to cover any other disputes that may have arisen.
A User wishing to use the System in order to receive bookings must lodge a System Deposit with GizaGig. A System Deposit must be lodged with GizaGig by the end of the free use period allocated to a Entity Profile and must be maintained in full at all times thereafter in order to receive bookings. The amount lodged must be net of any charges that may be imposed by a third party payment processer that You use to make the lodgement. A separate and full System Deposit is required for each Entity Profile held by a User.
Where a System Deposit has not been lodged with GizaGig, is withdrawn from GizaGig, or has been used in full or in part as payment for monies due to GizaGig, the relevant Entity Profile will be suspended from public view or appearing in search results until such times as a System Deposit has been lodged in full with GizaGig. The Entity Profile administrator(s) will retain access to and the functionality to edit the Entity Profile, and will retain access to the Entity Profile, Profile Calendar. Social Media posting of bookings listed in the Profile Calendar will continue.
The System Deposit must remain lodged until the final booking of a Entity Profile made via the System has passed or been cancelled. Users may withdraw the System Deposit at any time after this time period ends. It will be repaid to the User whom initially lodged it, using the same payment method. There is no penalty for withdrawal of System Deposit.
In consideration for the use of GizaGigs’ online platform and system, GizaGig charges the GizaGig Fees. GizaGig Fees are applied to Entity Profiles in receipt of Bookings via the System. GizaGig Fees are payable by the Act at the end of each month and will include the fees relevant to all Bookings received via the Platform or System in that month. Where applicable, Taxes (such as VAT in Europe) may be included in the Fees.
Balances will be remitted to GizaGig by way of credit card, direct debit, or any other means as GizaGig sees fit. Amounts may be rounded up or down as described the "Rounding Off" section below.
Please note that GizaGig, may impose or deduct foreign currency processing costs on or from any payments or payouts by GizaGig in currencies other than Euros. More information on any such costs or deductions will be available via the Platform and System. More information on Services Fees can be found at www.GizaGig.com/help. Except as otherwise provided herein, Service Fees are non-refundable.
In the event that payment of monies due fails on the first attempt to retrieve it from a Users credit card, direct debiot or other source, a second attempt will be made. Where this attempt fails for any reason including insufficient funds, GizaGig reserves the right to deduct any monies owed from an Acts’ System Deposit. This may result in a Users’ Entity Profile being suspended. For full details please see “System Deposit” section.
Cancellations and Refunds of Booking Deposits
Where the Booker cancels the Act more than six calendar months prior to the event date, fifty percent of the Booking Deposit will be returned to the Booker, and fifty percent paid to the Act. Where the Booker cancels the Act less than six calendar months prior to the event date, the complete amount will be paid to the Act. Payment to the Act will be made within a commercially reasonable time of the original event date. Where there is ambiguity with regards to a date and whether the cancellation falls inside or outside six calendar months, preference will be given to the Act.
Where an Act cancels a booking, the entire Booking Deposit amount will be returned to the Booker within a commercially reasonable time after the cancellation. The Booker will receive an email or other communication from GizaGig containing alternative Acts and other related information.
Acts and Bookers may be penalised for cancellations. For example, it may affect their overall or other ratings.
If an Act cancels a confirmed booking and if the Booker books an alternative Act via the Platform or System, then the Booker agrees to pay GizaGig the Booking Deposit relating to the confirmed booking of the alternative Entity Profile, in accordance with these Terms. If an Act cancelled a confirmed booking and you, as a Booker, have not received an email or other communication from GizaGig, please contact GizaGig.
If, as an Act, you cancel a confirmed booking, you agree that GizaGig may apply penalties or consequences to you or your Entity Profile including (i) publishing an automated review on your Entity Profile indicating that a reservation was cancelled, (ii) keeping the calendar for your Entity Profile unavailable or blocked for the dates of the cancelled booking, or (iii) imposing a cancellation fee (to be withheld from your future payouts or charged to the credit card on file in your GizaGig Account). You will be notified of the situations in which a cancellation fee applies before you decide to cancel. If as an Act, you cancel a confirmed booking, you agree to pay GizaGig the GizaGig Fees in accordance with the original Gig Fee amount.
In certain circumstances, GizaGig may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed booking made via the Site, Application and Services. This may be for reasons set forth in GizaGig's Extenuating Circumstances policy or for any other reason. GizaGig may also determine, in its sole discretion, to refund to the Booker part or all of the amounts charged to the Booker in accordance with the Booker Refund Policy. You agree that GizaGig and the relevant Booker or Act will not have any liability for such cancellations or refunds.
In some instances, typically when availing of Premium Services, Users may be required to make recurring payments (collectively, "Recurring Payments"). More information on Recurring Payments will be made available via the Platform and System, if applicable. If Recurring Payments apply, then the User authorizes GizaGig to collect the Fees at the frequency associated with the applicable Recurring Payments, each as identified on the Platform and System.
GizaGig may, in its sole discretion, round up or round down amounts that are payable from or to Acts or Bookers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, GizaGig may round up an amount of $101.50 to $102.00, and $101.49 to $101.00.
Some currencies are denominated in large numbers. In those cases, GizaGig may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for GizaGig to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.
Payment Processing Errors
We will take steps to rectify any payment processing errors that we become aware of. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you, so that you end up receiving or paying the correct amount.
Some Acts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Platform or System to a particular cause or charity. We do not take any responsibility or liability for whether the Act does in fact make the donation he or she pledged to make. In such cases, the Act in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.
GizaGig pay tax on all fees collected. It is the responsibility of individual Users to ensure that they are compliant for any taxes resulting from their use of the Platform or System.
GizaGig's online platform facilitates bookings between Bookers and Acts who may prefer to pay and to receive payments in different currencies, which may require foreign currency conversions to accommodate these differing currency preferences. Although the GizaGig platform allows users to view the price of Entity Profiles in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.
Each foreign currency conversion is processed at a foreign currency conversion rate. This rate generally refers to the amount of one currency that must be paid to buy a certain amount of another currency at a given time. For example, if it costs US$125.00 to buy €100.00, the currency conversion rate of US dollars to Euros would be 1.25, and the currency conversion rate from Euros to US dollars would be 0.8. Currency conversion rates will vary from time to time.
Where a User or Entity elects to use a third party to process or carry out payments or receipt of payments, the User or Entity understands and accepts that fees, charges or costs, in addition to those imposed by GizaGig, may be applied by that third party. GizaGig is in no way responsible or liable for those fees, charges or costs, and it is the Users’ responsibility to ensure that all payments made to GizaGig are net of said charges, and that they understand the charges that may be applied by a third party to payments received from GizaGig.
"Entity Profile Currency" means the currency in which a Entity Profiles’ price is set. The Entity Profile Currency is set by the Act.
"Booker Currency" means the currency in which an Act will be paid by the Booker. The Booker Currency is set by the Booker. Acts accept and understand that due to currency fluctuations, when the Booker Currency is converted to the Acts’ Entity Profile Currency at the time of payment, there may be differences from when the Booking was originally made. All Users accept and understand that GizaGig has no liability in respect of any differences between a Entity Profile Currency and a Booker Currency at the time payment is made by the Booker, or when a Booking Deposit is paid to the Act.
"Display Currency" means the currency in which users view prices on the GizaGig platform. By default the Display Currency will be that as per the location as indicated by the Users IP address. Users may choose and change the Display Currency in order to view the pricing in a number of different supported currencies.
"Base Exchange Rate" means a system-wide rate used by GizaGig for foreign currency conversion that is in effect at the time the foreign currency conversion is processed, and does not include any fee or mark-up by GizaGig. GizaGig establishes the Base Exchange Rate using data from one or more third parties such as XE (http://www.XE.com).
"Adjusted Exchange Rate" means a rate for foreign currency conversion that is calculated by adding a mark-up to the Base Exchange Rate. This mark-up represents a charge imposed by GizaGig for including but not limited to its holding costs, foreign currency risks and foreign currency exchange costs. It is applied to all currency exchanges displayed on the System.
Foreign Currency Conversions On The GizaGig Platform
GizaGig will process a foreign currency conversion in the following situations:
The Display Currency is different from the Entity Profile Currency when a user views a Entity Profile: GizaGig will calculate the Gig Fees in the Display Currency, by applying the Adjusted Exchange Rate at the time of the view to the Gig Fees in the Entity Profile Currency if the Display Currency is different from the Entity Profile Currency.
The Booker Currency is different from the Entity Profile Currency when GizaGig initiates a payout (typically a Booking Deposit): GizaGig will calculate the payout to the Act, by applying the Adjusted Exchange Rate at the time the payment is made.
When a confirmed booking is modified or cancelled, and there had been a foreign currency conversion when the booking was submitted: where the earlier payment was made using a currency supported by GizaGig, the foreign currency conversion for any additional payments required of the Booker or any refund to the Booker will be processed at the same rate as applied to the earlier payment by the Booker; where the earlier payment was not made using a currency supported by GizaGig, the foreign exchange currency conversion for any additional payments required of the Booker or any refund to the Booker will be processed using the Adjusted Exchange Rate applicable at the time of payment.
When a Booking is made, both the Act and the Booker will be able to view the Entity Profile Currency, the Booker Currency, and the Adjusted Exchange Rate applied to convert one to the other.
GizaGig updates the Base Exchange Rate on a regular basis, but not on a real-time basis. In particular, GizaGig does not always change the Base Exchange Rate immediately when its costs of foreign exchange change. Accordingly, the Base Exchange Rate may not be identical to the applicable market rate in effect at the specific time a foreign currency conversion is processed.
Please note that your payment company (for example, your credit or bank card issuer) will use a currency conversion rate for and may impose a currency conversion fee on your payment or payout. Similarly, third-party payment processors may also use a currency conversion rate for or impose a currency conversion fee on your payment or payout. All of these currency conversion rates and fees are not controlled by or known to GizaGig.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Platform, System, Services and Collective Content. In connection with your use of the Platform, System, Services and Collective Content, you may not and you agree that you will not:
any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
Use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Platform, Services or Collective Content;
Use the Platform, System, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
Copy, store or otherwise access or use any information contained on the Platform, System, Services or Collective Content for purposes not expressly permitted by these Terms;
Infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
Interfere with or damage our Platform, System or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
Use our Platform, System or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
Use our Platform, System, Services or Collective Content in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to Gigs;
"Stalk" or harass any other user of our Platform, System, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a GizaGig Act or Booker;
Offer Acts as being available for gigs that you yourself are not a part of or an administrator of or have permission to receive bookings on behalf of;
Register for more than one GizaGig Personal Account or register for an GizaGig Personal Account on behalf of an individual other than yourself;
Unless GizaGig explicitly permits otherwise, book an Act if you will not actually be paying the Act yourself, or be an administrative party to the event;
Contact an Act for any purpose other than asking a question related to an already made booking;
Contact a Booker for any purpose other than asking a question related to an already made booking;
Recruit or otherwise solicit any Act, Booker or other User to join third-party services or websites that are competitive to GizaGig, without GizaGig's prior written approval;
Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
Use automated scripts to collect information from or otherwise interact with the Platform, Services or Collective Content;
Use the Platform, System, Services or Collective Content to find an Act or Booker and then complete a booking of a Gig independent of the Platform, System or Services, in order to circumvent the obligation to pay any GizaGig Fees related to GizaGig's provision of the Services or for any other reasons;
As an Act, submit any Entity Profile with false or misleading price information, or submit any Entity Profile with a price that you do not intend to honour;
Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
Systematically retrieve data or other content from our Platform, System, or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
Use, display, mirror or frame the Platform, System, Services or Collective Content, or any individual element within the Platform, System, Services or Collective Content, GizaGig's name, any GizaGig trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Platform, System or Services, without GizaGig's express written consent;
Access, tamper with, or use non-public areas of the Platform, System or Services, GizaGig's computer systems, or the technical delivery systems of GizaGig's providers;
Attempt to probe, scan, or test the vulnerability of any GizaGig system or network or breach any security or authentication measures;
Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by GizaGig or any of GizaGig's providers or any other third party (including another user) to protect the Platform, System or Collective Content;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform, System or Collective Content to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform, System or Collective Content; or
Advocate, encourage, or assist any third party in doing any of the foregoing.
Accept or make a payment for Gig Fees outside GizaGig. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold GizaGig harmless from any liability for such payment.
GizaGig has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
GizaGig may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against GizaGig or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the GizaGig No-Show Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of GizaGig, its users, or Users of the public. You acknowledge that GizaGig has no obligation to monitor your access to or use of the Platform, System or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating and improving the Platform and System (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. GizaGig reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that GizaGig, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Platform or System.
The Platform, System, and Collective Content are protected by copyright, trademark, and other laws of Ireland and foreign countries. You acknowledge and agree that the Platform, System and Collective Content, including all associated intellectual property rights, are the exclusive property of GizaGig and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Platform, System, or Collective Content.
Our Services have different products and offerings, so sometimes additional terms or product requirements may apply to your use of those products. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.
Subject to your compliance with these Terms, GizaGig grants you a limited non-exclusive, non-transferable license to download and install a copy of the Platform and System on each mobile device or computer that you own or control and run such copy of the Platform and System solely for your own personal use. Furthermore, with respect to any App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple's proprietary operating system) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. GizaGig reserves all rights in the Application not expressly granted to you by these Terms.
Subject to your compliance with the terms and conditions of these Terms, GizaGig grants you a limited, non-exclusive, non-transferable license, to (i) access and view any GizaGig Content solely for your personal and non-commercial purposes and (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Platform, System, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GizaGig or its licensors, except for the licenses and rights expressly granted in these Terms.
Due to the nature of internet and cloud based systems, there are susceptible to failure outages. Although we do our utmost to ensure such issues do not arise, as a User you understand and accept that such instances can arise and in the event that they do, you agree that GizaGig has no liability or responsibility for any losses, damage or embarrassment incurred by you as a result of such failures or outages.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Platform and System, you hereby grant to GizaGig a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Platform and System. GizaGig does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Platform and System. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Platform and System or you have all rights, licenses, consents and releases that are necessary to grant to GizaGig the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or GizaGigs’ use of the User Content (or any portion thereof) on, through or by means of the Platform and System will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
GizaGig reserve the right to edit and/or remove any User content posted, uploaded, published, submitted or transmitted on the Platform and System. Where applicable, Users will be notified as to the reason why such User Content has been edited or removed. GizaGig also reserves the right to suspend or delete User Personal Accounts and Entity Profiles where said Users or Entities have acted in a manner that contravenes these terms.
The Platform and Services may contain links to third-party websites or resources. You acknowledge and agree that GizaGig is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GizaGig of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
As a User you understand and accept that you will not GizaGig responsible for any Platform or System failings, errors or issues arising from the Platform and System use of third party websites, applications or resources.
GizaGig at its sole discretion reserves the right to suspend, cancel or delete any Personal Accounts or Entity Profiles, where Users of same, or persons associated with same are deemed to have brought GizaGig or the live entertainment industry into disrepute, or have behaved in a manner which is deemed to unethical, unfair or immoral towards GizaGig, its Users enmasse or as individuals.
All trademarks, service marks, logos, trade names and any other proprietary designations of GizaGig used herein are trademarks or registered trademarks of GizaGig. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Platform and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Platform and System, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of GizaGig and you hereby irrevocably assign to GizaGig and agree to irrevocably assign to GizaGig all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At GizaGigs’ request and expense, you will execute documents and take such further acts as GizaGig may reasonably request to assist GizaGig to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
GizaGig respects copyright law and the rights of artists, and expects its Users to do the same. It is the policy of GizaGig to remove any copyright infringing material, should we be so asked by the owner of that copyright, and provided they can adequately prove ownership. It is GizaGigs’ policy to terminate in appropriate circumstances the GizaGig Personal Accounts of Users and/or Entity Profiles that repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see GizaGig's Copyright Policy for further information.
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your GizaGig Personal Account and/or any Entity Profiles created, administered and/or held by you. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your GizaGig Personal Account and Entity Profiles will be deactivated or suspended, your password will be disabled, and you will not be able to access the sign-in area of the Platform, System, your GizaGig Account, your User Content, or receive assistance from GizaGig Customer Service, (b) any pending or accepted future bookings as either Act or Booker may be immediately terminated, (c) we may communicate to your Bookers or Acts that a potential or confirmed booking has been cancelled, (d) we may refund your Bookers Booking Deposit in full for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact your Bookers to inform them about potential alternate Acts that may be available on the Platform and System, and (f) you will not be entitled to any compensation for reservations or bookings that were cancelled as a result of a suspension, deactivation or termination of your GizaGig Personal Account or Entity Profile(s). You may cancel your GizaGig Personal Account or Entity Profile at any time via the "Cancel Account" feature of the Services or by sending us an email. Please note that if your GizaGig Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Platform, System and Services, including, but not limited to, any reviews or Feedback.
Should you require the reactivation or reinstatement of a Personal Account or Entity Profile, GizaGig reserve the right to impose a transaction fee for this service. Users wishing to reactivate or reinstate an account or profile, should contact GizaGig directly be email.
The No-Show Guarantee is a compulsory agreement imposed on Acts by GizaGig and must be availed of once an Entitys’ Free Use period expires. The No-Show guarantee is an agreement between Acts and Bookers administered by GizaGig. The responsibility on GizaGig to deliver No-Show Guarantee payments extends only as far as the extent of Act resources held by GizaGig and available for payment as part of the No-Show Guarantee. The amount available for payments is calculated by deducting any monies owed to GizaGig by the Act from the System Deposit.
The purpose of the No-Show Guarantee is to provide Bookers with a level of reassurance that the Acts they book via the System will turn up as agreed. Where this does not happen, or where the Act turns up but is not in a position to perform as agreed, the Booker can lodge a claim with the Act through GizaGig for financial compensation.
An Act No-Show Guarantee may be claimed in the following circumstances:
Bookers: The Act fails to turn up
All Bookers: The Act arrives too late, or in a physical or mental state that the Booker concludes as preventing the Act from performing the Gig as agreed for health and safety, aesthetic or other reasons
Venues: The Act fails to cancel the booking more than 24 hours before their scheduled time of arrival
Private Bookers: The Act fails to cancel the booking more than 48 hours before their scheduled arrival time.
It is at the discretion of each booker as to whether or not they choose to invoke the Act No-Show Guarantee should they be eligible to do so. Should Bookers wish to invoke the Guarantee, they must contact GizaGig within 48 hours of the scheduled event, outlining their case. Once a claim has been lodged, the Act will be notified and given 48 hours in which to either accept the claim or dispute. Where an Act fails to respond within the allotted time, the Act No-Show Guarantee amount will be paid to the Booker.
If, you as an Act, dispute the claim, both parties must produce evidence to support their case. For example digital photographs, text messages. Medical emergencies and bereavements are deemed as just cause for a cancellation. Proof of same must be produced.
IF YOU CHOOSE TO USE THE PLATFORM, SYSTEM, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN ANY PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT GIZAGIG DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND, CRIMINAL OR REGISTERED SEX OFFENDER CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, BOOKERS AND ACTS, BUT MAY CONDUCT SUCH BACKGROUND, CRIMINAL OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE PLATFORM, SYSTEM, SERVICES, COLLECTIVE CONTENT AND ANY PROGRAMS ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GIZAGIG EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GIZAGIG MAKES NO WARRANTY THAT THE PLATFOIRM, SYSTEM, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE ENTITY PROFILES, OR ANY PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GIZAGIG MAKES NO WARRANTY REGARDING THE QUALITY OF ANY ENTITY PROFILES, GIGS, ACTS, BOOKERS, YOUR ACCRUAL OF GIZAGIG CREDITS OR POINTS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE PLATFORM, SYSTEM, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIZAGIG OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ACTS OR BOOKERS. YOU UNDERSTAND THAT GIZAGIG DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE PLATFORM, SYSTEM OR SERVICES OR TO REVIEW OR ATTEND ANY GIGS. GIZAGIG MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM, SYSTEM, OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM, SYSTEM OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM, SYSTEM OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, SYSTEM OR SERVICES, INCLUDING, BUT NOT LIMITED TO, BOOKERS AND ACTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY GIZAGIG. NOTWITHSTANDING GIZAGIGS’ APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE ACTS FOR THE PURPOSE OF ACCEPTING BOOKING DESPOSIT PAYMENTS FROM BOOKERS ON BEHALF OF THE ACTS, GIZAGIG EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BOOKER, ACT OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM, SYSTEM, SERVICES AND COLLECTIVE CONTENT, YOUR ENTITY PROFILE OR BOOKING OF ANY ACTS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN ANY PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF GIZAGIG WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER GIZAGIG NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE PLATFORM, SYSTEM, SERVICES, COLLECTIVE CONTENT OR ANY PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SYSTEM, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM, SYSTEM, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, SYSTEM, SERVICES, OR YOUR PARTICIPATION IN ANY PROGRAM OR FROM YOUR ENTITY PROFILE OR BOOKING OF ANY ACCOMMODATION VIA THE PLATFORM, SYSTEM AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GIZAGIG HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE ACTS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE GIZAGIG NO-SHOW GUARANTEE, IN NO EVENT WILL GIZAGIGS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR ENTITY PROFILE OR BOOKING OF ACT VIA THE PLATFORM, SYSTEM AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, SYSTEM, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN ANY PROGRAM AND IN CONNECTION WITH ANY GIGS OR INTERACTIONS WITH ANY OTHER USERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE PLATFORM, SYSTEM AND SERVICES AS A BOOKER IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A ACT, THE AMOUNTS PAID BY GIZAGIG TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED EUROS (€100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GIZAGIG AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold GizaGig and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Platform, System, Services, or Collective Content or your violation of these Terms; (b) your User Content; (c) your (i) interaction with any User, (ii) booking of an Act, or (iii) creation of a Entity Profile; (d) the performance of and/or involvement with Gigs by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking; and (e) your participation in the any Program or your accrual of any GizaGig Credits or Points.
You may not use, export, re-export, import, or transfer the Platform and System except as authorized by Irish law, the laws of the jurisdiction in which you obtained the Platform and System, and any other applicable laws.
The following applies to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"):
If you book or have been booked by a User who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, (ii) you suspect of stealing from you or others, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to GizaGig by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between GizaGig and you regarding the Platform, System, Services, Collective Content, and any bookings or Entity Profiles made via the Platform and System, and these Terms supersede and replace any and all prior oral or written understandings or agreements between GizaGig and you regarding bookings or Entity Profiles, the Platform, System, Services, and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without GizaGigs’ prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GizaGig may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by GizaGig (i) via email (in each case to the address that you provide) or (ii) by posting to the Platform or System. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms will be interpreted in accordance with Irish law. You and we agree to submit to the non-exclusive jurisdiction of the Irish courts for resolving any dispute between the parties. If GizaGig wishes to enforce any of its rights against you, we may elect to do so in the Irish courts or in the courts of the jurisdiction in which you are resident.
The failure of GizaGig to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GizaGig. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
If you have any questions about these Terms or any App Store Sourced Application, please contact GizaGig.