1. Introduction

  1. You are on this page because you want to sign up to use the Reccefy platform as a Creator who is looking for a Location to create a Creative Work.
  2. Reccefy provides a platform that connects Hosts who have space available for rent with Creators seeking to use that space as a Location.
  3. The Service is provided by Reccefy Pty Ltd (ABN: 78 620 183 959).
  4. The Services are available through the Reccefy Platform which is accessible at: http://reccefy.com/ (Platform).
  5. These terms and conditions govern the use of the Platform by Creators.
  6. When you book a Location through the Platform an agreement will thereby come into existence between you (as Creator) and the Host (as provider of the Location) containing the terms and conditions available here. (Location Agreement) You must read the Location Agreement because you will be bound by it.
  7. You acknowledge and agree that you have read and agree to be bound by the Location Agreement.

2. Definitions

  1. In these terms and conditions, the definitions have the following meanings:

Additional Costs means other expenses made mandatory by the Host, which may include, but is not limited to, items like security, cleaning, unsociable hours.

Agreement means the agreement to which these terms and conditions are attached.

Creator means any person, seeking to make a Creative Work, who is registered to search and book Locations on the Platform.

Creative Work means any end result of the endeavour for which the Location is being booked including, but not limited to, photograph/s, feature film, television series, web-series, short film, music video, corporate film, television commercial, cinema commercial, or other video/photographic content.

Crew means any person that the Creator engages with including, officers, agents, staff, or contractors, to assist in creating the Creative Work and who enters the Location.

Dispute means any dispute which arises out of or relates to the Location or this Agreement, including without limitation the entry into, breach, termination or validity of this Agreement and/or a Creative Work.

Footprint means the size and impact of a production, broken into four categories; extra small (1-5 people), small (6-15 people), medium (16-25 people), and large (26+ people).

GST means a goods and services tax imposed by or through A New Tax System (Goods and Services Tax) Act 1999.

Host means a person who is a registered Reccefy user and lists their space as a Location on Reccefy.

Host Services means services provided by a Host to a Creator in conjunction with the Location.

Intellectual Property Rights means any intellectual property right at any time protected by statute or common law in Australia or elsewhere in the world and whether registered or unregistered, including copyright, trade marks and registered designs.

Law means any Commonwealth, State, Territory or local government legislation in force in Australia or any law of a foreign jurisdiction, including regulations, by-laws, declarations, ministerial directions and other subordinate legislation and the common law in Australia.

Location means any space made available for booking on the Reccefy Platform.

Location Fee means the price set by the Host for use of the Location, according to the footprint size of the production.

Location Guidelines means the set of rules provided by the Host, to the Creator, specifically in relation to the use of a Location.

Location Profile means the online listing created for the space, which includes photos and specifications to assist the Creator with their search.

Loss includes any liability, damage, costs (including legal costs on a solicitor and own client basis) and other outgoing, and any diminution in value of, or deficiency of any kind, in anything.

Moral Rights means the right of integrity of authorship, the right of attribution of authorship and the right not to have authorship falsely attributed as conferred by the Copyright Act 1968 (Cth).

Optional Extras means any non-compulsory services offered by the Host. These may include, but are not limited to, items such as catering, staffing, equipment.

Platform means the website (http://reccefy.com/) to list, search and book Locations to create a Creative Work and provide the Reccefy Services.

Reccefy Services means the provision of the Platform and other support services associated with the Platform.

Registration means the application process to sign up as an approved Reccefy Creator.

Service Fee means 15% of Location Fee.

Total Booking Cost means the Location Fee plus the cost of any Optional Extras that have been selected, and the Service Fee. This will be the complete price charged to Creators to book the Location.

3. Interpretation

  1. In these Terms and Conditions, unless the context otherwise requires:
  • words denoting any gender include all genders;
  • headings are for convenience only and do not affect interpretation;
  • the singular includes the plural and vice versa;
  • any schedule attached to these Terms and Conditions forms part of it;
  • a reference to a party includes its successors and permitted assigns;
  • a reference to a person includes a corporation, trust, partnership, unincorporated body or other entity, whether or not it comprises a separate legal entity; and
  • a reference to a statute or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them.

4. Creator Obligations

  1. There are Additional Costs and Optional Extras offered, in respect to some Locations, during the time of booking. If the Creator selects a Location with Additional Costs or chooses to request Optional Extras, it is the Creators responsibility to pay the Host directly for these after the booking is confirmed.
  2. The Creator must manage the Crew to ensure they abide by the Location Guidelines. The Creator is responsible for any action, loss or damage caused directly or indirectly by any of the Crew.
  3. The Creator must ensure that the Crew, at all times (at the Creator’s sole cost):
    1. hold all licences, permits and consents as are required (from any competent authority) so that the Creator can use the Location and create a Creative Work;
    2. abide by the Host’s Location Guidelines;
    3. use the Location with reasonable care, skill and diligence and in accordance with all applicable laws;
    4. provide honest and accurate information about the Creative Work and the Crew;
    5. accurately represent the nature of the Creative Work that you are creating;
    6. honour the bookings made through the Platform by a Creator;
    7. ensure that the equipment supplied to the Location are safe and fit for use by Creators;
    8. bear all costs and expenses related to the Creator’s participation in the Platform; and
    9. accept all responsibility and liability for any injury or death or damage to property of a Location in connection with the Creator’s use of the Location.
  4. The Creator must not in relation to its use of the Platform:
    1. use a false email address, impersonate others or misrepresent the affiliation with Reccefy;
    2. interrupt or attempt to negatively impact or alter the operation of Reccefy in any way;
    3. copy, resemble or mirror the look and feel of the Platform or Reccefy or its trademarks;
    4. engage in any other practices which may adversely affect the credibility or reputation of the Platform and/or Reccefy;
    5. engage in any misleading or deceptive conduct or any other conduct that would contravene the Australian Consumer Law; and
    6. engage in activity which is contrary to any Law while at the Location or in connection with the Creator’s use of the Platform.
  5.  Reccefy reserves the right, at all times, to refuse a Creator Profile on the Platform where Reccefy forms the view, acting reasonably, that the Creative Work is not suitable for the Platform.
  6. The Creator grants to Reccefy a royalty-free, non-exclusive licence to use the Creator’s name together with the Creator’s images, videos and descriptions of the Creative Works for the purpose of promoting the availability of a Location where the Creative Work was created and in Reccefy’s marketing of the Platform. This licence will automatically terminate when the Creator closes its account with Reccefy.
  7. The Creator must take out and keep current their own insurance to provide cover in respect of any liability arising from:
    1. damage to property at the Location whether or not caused by a Creator, such insurance for be for such amount as the Host determines to be desirable having regard to the value of such property at the Location; and
    2. death of or injury to any person at the Location whether or not caused by a Creator, such insurance to be for no less than the minimum statutory amount required in the jurisdiction of the Location.
  8. The Creator is responsible for making true, accurate and complete disclosure to its insurer in relation to the use of the Location for which the Creator is obtaining insurance.
  9. The Creator is responsible to pay any excess/deductible under the insurances it effects.
  10. The Creator must not do or allow anything which would prejudice any of its insurances, or cause them to be terminated.
  11. The Creator must not infringe the rights of any person or behave in any manner that gives rise to any claim against Reccefy (including without limitation any infringement of intellectual property rights or Moral Rights, defamation and misleading or deceptive conduct).
  12. The Creator acknowledges and agrees that Reccefy will share the Creator’s name, email address and phone number with the Host, in respect of a booking, to provide the Reccefy Services to the Creator.
  13. If the Creator considers that a Dispute has arisen the Host and Creator must follow Reccefy’s Dispute Resolution Policy. You must read this policy because you will be bound by it when you accept this Creator Agreement.

5. Reccefy’s Obligations

  1. Reccefy will:
    1. provide the Creator with the following services through the Platform:
      1. an ability to search on the Platform for Locations;
      2. descriptions and photos of each Location on the Platform;
      3. a booking capability that will enable the Creator to book the Location.
  2. A booking for the Location is only confirmed once a Creator has paid the Total Booking Cost for the Location on the Platform.
  3. When a booking is requested, Reccefy will Notify the Host who will approve or deny the booking. The Creator will be sent a confirmation email with the details of the booking and the Host will release the address of the Location along with the Location Guidelines to the Creator.
  4. Reccefy may, at any time, enhance and/or alter the features of the Platform at its sole discretion and without notice to the Creator.
  5. Reccefy, at its discretion, may provide other services to the Creator at its request. Other services will involve the payment of additional fees by the Host to Reccefy.
  6. Reccefy will engage a third-party payment facilitator, currently Stripe, to enable users to book Locations without Reccefy collecting payment details.

6. Total Booking Cost

  1. Reccefy charges the Creator the Service Fee for providing the Platform, the Reccefy Services and processing the booking of Locations through the Platform.
  2. Reccefy will collect the Total Booking Cost charged for a Creator’s use of the Location. The fee that the Host will receive from Reccefy in relation to a Creator’s booking will be the Total Booking Cost less the Service Fee.
  3. The Total Booking Cost will be collected by Reccefy at the time the Location is booked by a Creator.
  4. Payment processing services for the Creator on Reccefy are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the Stripe Services Agreement) You must read this agreement and the Terms of Service because you will be bound by them when you accept the Creator Agreement. By agreeing to this Agreement or continuing to operate as a Creator on Reccefy you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Reccefy enabling payment processing services through Stripe, you agree to provide Reccefy accurate and complete information about you and your business, and you authorise Reccefy to share it and transaction information related to your use of the payment processing services provided by Stripe.
  5. Reccefy will keep and maintain true, complete and accurate financial records of the revenue generated from bookings of the Location through the Platform.
  6. The Creator acknowledges and agrees that Reccefy may increase or decrease the Service Fee.
  7. The Service Fee is stated on a GST exclusive basis. Reccefy’s tax invoice issued in respect of Service Fee and any other fees will be for the Total Booking Fee and the GST payable.

7. Limitation of Liability

  1. Terms, conditions and warranties implied by Law which cannot be excluded, restricted or modified apply to this Agreement to the extent required by Law.
  2. Notwithstanding any term of this Agreement, Reccefy will not be liable for any:
    1. any losses, damages, liabilities and/or expenses which are found not to arise naturally (that is, according to the usual course of things) from the relevant breach of this Agreement; or
    2. loss of revenue, profits, goodwill, contract, business opportunity or failure to realise anticipated benefits or savings, in each case, irrespective of whether such losses are indirect or not.
  3.  Subject to clause 7.4, the total and aggregate liability of Reccefy for loss suffered or sustained by the Host or a Creator in connection with the provision of Reccefy’s Services under this Agreement:
    1. whether arising as a result of breach of contract, in tort (including negligence) or under statute; and
    2. whether or not arising pursuant to an indemnity in this Agreement,
      is limited to providing the applicable Reccefy Services again.
  4. Neither party will be liable to the other party (or any other person) for any Indirect Loss arising from a breach of this Agreement.
  5. For the purposes of clause 7.4, the term Indirect Loss means Losses which do not arise naturally (that is, according to the usual course of things) from the relevant breach of this Agreement (including loss of profits or revenue, loss of goodwill or reputation, loss of anticipated benefits or savings, loss of any prospect or business opportunity, loss of production or other business interruption loss.

8. Indemnity

  1. The Creator agrees to indemnify, defend and hold Reccefy (and each of its officers, employees and agents) (together, the Indemnified Persons) harmless against any Loss incurred or arising in respect of:
    1. the death or illness of, or personal injury to, any individual at the Location; or
    2. the loss or destruction of, or damage to, any tangible property of the Host or any person at the Location,
      except to the extent such Loss arises from the wilful misconduct of Reccefy.

9. Confidentiality

  1. Any Confidential Information disclosed by one party to the other party (the Recipient) must be kept confidential by the Recipient.

10. Termination

  1. The Creator may terminate its account with Reccefy at any time by giving written notice to Reccefy. If the Creator has Locations booked at the time it gives notice to Reccefy of termination, Reccefy will not close the Creator’s account until after the date of the last booking by the Creator.
  2. Reccefy may suspend the Creator’s account if Reccefy reasonably suspects that the Creator is in breach of any of their obligations under these terms and conditions. Reccefy will inform the Creator if suspension occurs.
  3. Reccefy may terminate the Creator’s account at any time by giving written notice to the Creator.
  4. If the Platform is shut down for any reason (Closure) Reccefy will give to Hosts as much notice as is practicable of a Closure and will refund monies it has received for bookings and will have no liability to:
    1. Hosts for bookings that may have been received but do not result in use of the Location as a result of the Closure; or
    2. Creators who may not be able to use the Location they have booked.

11. General

  1. Reccefy is entitled to amend these terms and conditions at any time. Reccefy will notify the Creator of the change and the Creator’s continued use of the Platform after such notification will constitute acceptance of the amended terms and conditions.
  2. Except as expressly provided to the contrary in this Agreement, nothing in this Agreement shall be construed as giving rise to any relationship between the parties as (i) principal and agent (ii) employer and employee, or (iii) partners. Each party is responsible for its own obligations arising under this Agreement and is not liable for any other party’s obligations.
  3. These terms and conditions (and any document incorporated by reference in it) records the entire Agreement between the parties in relation to its subject matter.
  4. Each party must (at its own expense) do all things as the other party asks as may be reasonably required or necessary to give the other party the full benefit of any obligations owed to the other party and expressed in these terms and conditions.
  5. All or any part of these terms and conditions that is illegal or unenforceable will be severed and will not affect the continued operation of the remaining provisions.
  6. These terms and conditions are governed by the laws of the State of New South Wales. Each party submits to the non-exclusive jurisdiction of courts exercising jurisdiction in the State of New South Wales in connection with all matters concerning these terms and conditions.