Bandwax Terms and Conditions

Make New Booking

Version 2 – 6th February 2013

DISCLAIMER

All use by you of this website is at your own risk. You assume complete responsibility for and for all risk or loss resulting from your downloading or use of or referring to or relying on information, products, services or materials provided on this website, or any other information obtained from your use of this website.

You agree that Bandwax and the providers of telecommunications and network services to Bandwax will not be liable for damages arising as a result of your use or inability to use this website you hereby waive any and all claims with respect thereto whether based on contract, tort or other grounds. This website is available to all users on an "as is basis".

Bandwax makes no representations, warranties or undertakings that this website, or the server that makes it available, will be free from defects, including, but not limited to viruses or other harmful elements.

Bandwax accepts no liability for any infection by any computer virus, bug, tampering, unauthorised access, intervention, alteration or use, fraud, theft, technical failure, error, omission, interruption, deletion, defect, delay, or any event or occurrence, which corrupts or affects the administration, accessibility, security, fairness, integrity or proper conduct of any aspect of this website.

To the maximum extent permitted by applicable law, all representations, warranties and conditions, whether express or implied, statutory or otherwise, are hereby excluded, including without limitation representations, warranties or undertakings about any of the services, information and/or materials on this website, including without limitation, their accuracy, their completeness or their merchantability, quality or fitness for its purpose.

Agreement

1. By accessing the Bandwax site, you agree to be bound by these terms and conditions, notices and disclaimers displayed elsewhere on the Bandwax site relating to your use of the Bandwax site (Bandwax Terms). Members are subject to additional membership and subscription terms and conditions.

2. We may change the Bandwax Terms at any time. If we do, an amended version of the Bandwax Terms will be posted on the Bandwax Site.

Terms and Conditions

A) We facilitate the processing and booking of music studio space to individuals and bands (Artists) and provide a forum for the owners of music studio space (Studio Providers) to rent out their studio space. Bandwax does not provide, own or run any music studios itself.

B) All cancellation charges and other contractual terms are subject to the Studio Provider's terms and conditions as may be displayed on or through the Bandwax site.

C) Artists must comply with the terms and conditions of the Studio Provider that they contract with, that the Studio Provider displays on the Bandwax site.

D) A contract between Artist and Studio Provider is formalized when the artist receives an email or text message confirmation of booking from the Studio Provider - not Bandwax.

E) A contract is solely between the Studio Provider and Artist, not with Bandwax. It is the responsibility of the Studio Provider and Artists to meet the conditions of the contract.

F) Ratings and reviews shown on the website are not the opinions of Bandwax. We take no responsibility for and do not attempt to vet or moderate such opinions.

Membership and subscription terms and conditions

3. You must be at least 18 years old to become a Studio Provider member of Bandwax. You must not attempt to register if you are under 18 years old.

4. When registering as a Member of Bandwax, you must provide us with accurate, complete and up-to-date information as requested. It is your responsibility to inform us of any changes to that information.

5. All personal information you provide to us will be treated in accordance with our Privacy Policy.

6. In order to book a Studio as an Artist Member, you must either be at least 18 years old, or have at least one designated Member of the band who is at least 18 years old, and for these purposes band Members may include managers or a designated adult listed as an administrator in the band's profile at the time that a booking is made.

7. Band Members are entirely responsible for bookings made by themselves as well as bookings made by any other band Member, regardless of their age. It is an Artist Member's responsibility to ensure that their profile and band membership information is accurate, complete and up to date.

8. The band that is booked into a music studio space must be the same band that uses the music studio space. Bandwax reserves the right to exclude any or all Members of bands who breach this rule from making further bookings.

9. If your membership of a band ceases it is your responsibility to ensure you are removed from the band profile on this website. Bookings made on behalf of the band after your removal from the band profile will no longer be your responsibility. You will, however, remain responsible for any bookings made whilst you were shown as a band Member on the band profile.

10. In order to use Bandwax as a Studio Provider Member you must pay a membership fee, currently US$2244 per annum minimum as listed on the Studio pricing page.

11. A Member may be a Studio Provider for more than one Studio or for a Studio or Studios with more than one location, in which case a membership fee is payable for each Studio and for each location of a Studio, currently US$2244 per annum minimum as listed on the Studio pricing page.

12. If a Member wished to discontinue their Studio Provider membership, after two months, they may request a refund of up to 80% of the membership fee. The refund will be calculated on a pro-rata basis based on the number of days remaining of the subscription. The percentage of days remaining at the time of the request will equal the percentage of the fee paid that will be refunded to a maximum of 80% of the total membership fee. There will then follow a 12 month period during which a Studio Provider Member may not rejoin, and any Studios previously listed as owned or controlled by that Member may not be listed through this website.

13. Studio Provider members have one month to take up the refund option, after which their membership is finalised. NO REFUNDS ARE AVAILABLE UNDER ANY CIRCUMSTANCES AFTER 3 MONTHS.

14. Studio Provider membership will expire after the purchased time period, but may be renewed upon payment of the then current renewal fee as a non-refundable payment.

15. Bandwax reserves the right to terminate any membership without prior warning or notice for any reason.

Service and Features .

16. As a Member, you will also have the ability to access chargeable features and services available on the Bandwax site, such as booking and leasing studio space.

17. Further details and any additional terms and conditions (including pricing) relating to chargeable features and services will be made available on the Bandwax Site. Any such additional terms and conditions form part of the Bandwax Terms.

18. We do not accept cash payments for chargeable services or features. Please refer to the available payment methods elsewhere on the Bandwax Site.

19. We reserve the right to change the pricing for any chargeable service or feature on the Bandwax Site at any time. If you are unhappy with a change of pricing, you are entitled to discontinue your use.

20. While we use reasonable endeavours to ensure that Bandwax is available 24 hours a day, we do not make any representations or warranties that your access will be uninterrupted or error free.

21. We reserve the right to change or discontinue any service or feature of Bandwax in whole or in part at any time.

22. You are not permitted to transfer any services or features purchased by you to any other person. In no event will you be entitled to any refund of payments for chargeable services or features.

Content

23. We reserve the right, but have no obligation, to review content transmitted or posted on Bandwax, or (where possible) otherwise transmitted to any Member of Bandwax by any other means.

24. Without limiting your responsibilities under the Bandwax Terms, we reserve the right to modify and/or remove any content that, in our opinion, violates the Bandwax Terms or otherwise has the potential to harm, endanger or violate the rights of any person.

25. We do not make any representations or warranties as to the accuracy, reliability or completeness of any content posted or transmitted on Bandwax, or otherwise transmitted to any other Member of Bandwax by any other means, by any person. We do not endorse any opinion, advice or statement made by any person other than us. We do not accept any liability for any loss, damage, cost or expense resulting from anyone's reliance on Content posted or transmitted on Bandwax, or otherwise transmitted to any other Member of Bandwax by any other means.

Intellectual Property

26. We own and retain all proprietary rights in and relating to Bandwax. Proprietary rights in and relating to Bandwax must not be used in any way without our prior written consent.

27. Subject to our obligations under our Privacy Policy you grant us the right to use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, of your content for any purpose. You warrant that you have the right to grant us such rights.

28. No person may use, reproduce, publish, store, modify or transmit, in any form or by any means, in whole or part, any content posted or transmitted on Bandwax, or otherwise transmitted to any Member of Bandwax, other than their own content, without the express written permission of the relevant owner.

External Activities

29. From time to time, we may promote, advertise, or sponsor functions, events, offers, products, services, competitions or other activities that may be conducted offline and may be conducted by third parties.

30. External activities may be subject to separate terms and conditions.

31. You acknowledge that you participate in any external activities entirely at your own risk.

32. Where external activities are conducted by any third party (even if such third party has been contracted by us or we are associated with such activity), we do not accept any liability for any loss, damage, cost or expense that you suffer or incur as a result of or in connection with your participation in such external activities.

33. Where external activities are conducted by us, to the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Bandwax Terms, might apply in relation to your participation in relation to such external activities. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the amount paid by you (if any) for your participation in the event.

Third Party Websites and Advertising

34. From time to time, Bandwax may feature or display hyperlinks and pointers to websites operated by third parties. Such websites do not form part of Bandwax and are not under our control. We do not accept any responsibility for the contents of any such hyperlink or linked website. If you follow the link to any third party websites you leave Bandwax entirely at your own risk.

35. From time to time, Bandwax may also feature or display third party advertising. By featuring or displaying such advertising, we do not necessarily represent that we recommend or endorse the relevant advertiser, its products or services.

Limitation of Liability and Indemnity

36. Bands, music studio providers and all other users acknowledge that they use the Bandwax Site at their own risk.

37. Users and Members acknowledge that we are not responsible for, and accept no liability in relation to, your use of and conduct in connection with Bandwax, or any other Members' use of or conduct in connection with the Bandwax, in any circumstance.

38. You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with Bandwax, including any breach by you of the Bandwax Terms.

39. To the maximum extent permitted by law, we exclude all implied representations and warranties which, but for the Bandwax Terms, might apply in relation to your use of the Bandwax Site.

40. To the extent that our liability cannot be excluded by law, our maximum liability to you will be limited to the total amount paid by you (if any) for any chargeable service or feature Bandwax purchased by you during the term of your membership.

41. In no circumstances will we be liable for any indirect, punitive or consequential loss or damages; loss of income, profits, goodwill, data, contracts, use of money; or loss or damages arising from or in any way connected to business interruption of any type, whether in tort, contract or otherwise.

General

42. No partnership, joint venture, employment, or agency relationship exists between you and us as a result of the Bandwax Terms or your use of Bandwax.

43. The Bandwax Terms represent the entire agreement between you and us regarding your use of the Bandwax Site.

44. If any provision of the Bandwax Terms is held to be invalid or unenforceable, the remainder of the Bandwax Terms shall continue in full force and effect.

45. The Bandwax Terms will be governed by the laws of South Australia.