BY USING OUR WEBSITE AND/OR SERVICES, YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM
These are the terms of service which apply to your use of:
They are referred to in these terms as the "Site" and the "Services". The Services include the provision of information and materials, and tools to enable you to share information and materials, network and communicate with us and other users. The term "content" is used in these terms to refer to such information, materials and tools.
The terms apply between you, the user of our Site and Services, and The Mandy Network , a company registered in England and Wales with company number 4749221 (also referred to as "we" or "us").
If you use any Site or Service as an employee or representative of another legal entity, you accept these terms on behalf of yourself and the legal entity, and confirm that you have authority to do so.
PART A contains terms which apply to all users of our Site and Services.
PART B contains specific additional terms which apply to you if you are:
Some Site may contain additional terms relevant to the specific Service which you may use. These shall be incorporated into these terms. We also suggest you refer to our privacy notice and other policies published on our Site, which provide further information on specific aspects of our Services.
Please contact us if you have any queries about these terms or their effect. You can contact us on emails@mandy.com
These terms were last updated on [01.08.2018].
You are responsible for making all arrangements and payments necessary for you to have access to our Site and Services, including internet connections, computer equipment and software. We are not responsible for:
You should keep your passwords confidential; any use of the Site and Service using your login details, including email address and password (other than by our Site administrators) will be your responsibility.
Our Services and content are provided for your information and convenience, and are not intended to be relied upon by you in taking any action or refraining from taking any action. Whilst we seek to ensure all users agree to these terms, we do not routinely check all content provided by users and third parties (eg profiles, job postings, advertisements and discussions in user forums) and cannot guarantee their accuracy or lawfulness.
In particular:
You may wish to take your own steps to confirm information, back-up your content and ensure that communications reach their intended recipient promptly and securely.
In addition:
You agree not to hold us liable for any loss or damage incurred as a result of:
You may report to us if any content or communication appears unlawful, inaccurate or otherwise inappropriate, or if you have a negative experience with any other user or third party in relation to our Site or Services. We may, at our absolute discretion, investigate the matter and take such steps as we consider appropriate in the circumstances.
The contents of our Site and Services (including information, trade marks, directories, text, images, videos, sounds and underlying software) are protected by intellectual property rights of us and our licensors. We grant you a non-exclusive and revocable licence to view and use such content for the purpose of enjoying the benefit of the Services.
You may not copy, modify, distribute or commercially exploit any content (other than content provided by you) in any form or in any media, except that you may retrieve and display content on your computer and print and/or store one copy of individual pages for your internal, personal use.
See also your obligations under clause 5.2 below.
The quality of the Services provided to you and other users depends on you providing accurate, complete and lawful content. You acknowledge and agree that you:
See also your obligations under clause 5.3 below.
You agree that we may use the content which you provide, and, where relevant, trade marks relating to your trade or business, for the purposes of operating and maintaining the Site and the Services. You acknowledge that your content may be published and made available to other users of our Site and Services, and modified to make it suitable for our Site. We may also use your content for the purposes set out in clause 8 below.
You grant and agree to grant us a perpetual and irrevocable worldwide licence to use your content for these purposes (including the right to sub-license to our service providers, and to other users in accordance with clause 3.4 above).
Whilst we seek to ensure all users agree to these terms, we are not responsible for the use or misuse of your content by other users or third parties and you agree not to hold us liable for any loss or damage incurred as a result of such use or misuse. We shall, however, at your expense, reasonably cooperate with you in enforcing our contractual terms against other users who have infringed your rights.
Please also see:
Whilst we do not routinely check or monitor all content provided by users (see clause 3.2 above), we may do so at our discretion, for the purposes outlined at clause 8 below. Upon request, you will provide us with evidence that you are complying with the above requirements, including:
You also agree to provide us with required details so that we can credit the author/creator of any image, sound, video or other content.
You warrant that by using the Services, you shall not infringe the rights, including any intellectual property rights of any third party. You shall indemnify us in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by us as a result of or in connection with any claim brought against us, our agents, subcontractors or consultants for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your receipt or use of the subscription Services.
If you breach any of the obligations listed at 5.1 above, you shall pay us, as liquidated damages, £200 in respect of each breach. This sum represents any advertising fee, wasted time and loss of custom or reputation arising as a result of your breach and is reasonable and proportionate to protect our legitimate interest in delivering the Services.
You may not make any unlawful or unauthorised use of any content, including:
You may not upload, provide or transmit any unlawful, unauthorised or offensive content, including:
In using our Site and Services, you must comply with all applicable laws. You may not make any unlawful or unauthorised use of our or our service providers’ computers, networks, communications systems, or other equipment or software, including:
You may:
provided you do so in a way that is fair and lawful and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, recommendation or endorsement by us where none exists.
You may be required to pay charges in order to receive certain subscription Services. Details of applicable charges are on the Site relating to the relevant Services (or can be provided to you by us upon request). Unless otherwise agreed by us, payments must be made by credit or debit card in the currency specified by us. You are responsible for all charges associated with your use of Services using your login details (including email address and password).
You must pay any applicable taxes (including value added tax) in addition to any service fee for the relevant Services. If you do not make any payment to us by the due date, we may charge interest on the overdue amount at the rate of [4]% a year above the Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount. We may suspend all or part of the Services until payment has been made in full.
Any subscription period will commence when payment is received by us (or, for any free subscription period, when we grant you access to the relevant Service).
Where you make regular payments to us for a Service (eg annually or monthly), your obligation to pay will continue unless and until you explicitly notify us by email or in writing that you are terminating such Service in accordance with clause 10.
We may monitor, access, use and disclose details of your use of the Site and Services (including your content) for the purposes of checking compliance with these terms, quality control, site administration and maintenance, risk assessments and investigations, compliance with legal obligations, or protection and enforcement our legal rights and those of our users. See also our privacy notice.
If you breach or we reasonably suspect that you are in breach of any of your obligations under these terms, we may immediately and without notice suspend your access to and use of the Site and Services, or any part of the Site and Services or content and/or (without prejudice to clause 11) remove any of your content. We may also terminate your access to the Site and Services in accordance with clause 10 below. You will not be entitled to any compensation for any period of suspension other than in accordance with our refunds policy.
You agree to indemnify us and our representatives against all claims, loss or damage that we or they may incur as a result of a breach by you of your obligations under these terms, including any claims, losses or damage arising from inaccurate or unlawful content which you upload, provide or transmit.
Without affecting any other right or remedy available to us, you may terminate your use of any Site and Services and request removal of your profile(s) at any time. As a registered user or a subscriber to any Service, you should give notice to us by email or in writing at least 1 month in advance of your proposed date for such termination and removal. This is to allow us time to remove your profile from the relevant Site and disable your access rights and login details as required (although we shall use reasonable endeavours to do so sooner, if requested). Any such notice will take effect when received by us.
Without affecting any right or remedy available to you, we may withdraw any Site or Service or terminate your access to and use of any Site or Service at any time and for any reason at our reasonable discretion. If you are a registered user and/or subscriber to any Service, and unless such termination is due to your material or persistent breach of these terms or failure to pay for the relevant Services, we will use reasonable endeavours to give notice to you of any such termination.
If you have made advance payments to us for any Service relating to any period after the date of termination, and unless such termination is due to your material or persistent breach of these terms, you may be entitled to a refund in accordance with our refunds policy. You will not be entitled to any other compensation for any such termination.
Following termination of your access to or use of any Site and Services for any reason, we may remove your profile(s) from the Site (if not already removed) and disable your login details, including username(s) and passwords. We may however retain your profile and other personal details on our internal systems for record keeping purposes. Please see our privacy notice for further details. Other content you have provided may also remain on our Site.
All provisions of these terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property and on-going use of your content.
Termination of your access to the Site or Services or of these terms shall not affect accrued rights, remedies, obligations or and liabilities of you or us up to the date of termination, including our rights to payments due from you.
We may, at any time and at our absolute discretion, make temporary or permanent changes, additions or deletions (together, "changes") to or from:
We shall use reasonable endeavours to notify our registered users and subscribers of material changes. It is also your responsibility refer to these terms on a regular basis.
By continuing to use the Site and/or the Services after such changes, you agree to such changes. If you are not happy with any changes, you may terminate your use of the Site and Services in accordance with clause 10.
The Site and the Services (and any content) may be unavailable for occasional periods for repair, maintenance or upgrading, or interruptions in the network or communications services provided to us. Where possible, we will try and give you reasonable notice of any anticipated period of unavailability.
You agree not to hold us liable for any loss or damage caused by such occasional periods of unavailability.
Governing Law and Jurisdiction.
These terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to hear any disputes arising from them.
Force Majeure
We shall not be in breach of these terms, nor liable for any delay in performing or failing to perform the Services or any of our obligations under these terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
Interpretation
The headings in these terms are for ease of reference only.
Unless the context requires otherwise, in these terms and our privacy notice, the term "including" shall be interpreted to mean "including but not limited to".
No Agency
The provision of the Services shall not create any relationship of agent and principal between you and us and neither you nor we
have any authority or power to bind or to contract in the name of the other party.
Third Party Rights
Unless it expressly states otherwise, no provision of these terms shall give rise to any rights under the Contracts (Rights of
Third Parties) Act 1999 to enforce any term of the contract.
Waiver
Assignment
You may not transfer, assign or sub-contract your rights or obligations under these terms to any third party without our prior written consent.
We may, without your consent:
Severance
If any provision or part-provision of these terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to the minimum extent necessary to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion shall not affect the validity and enforceability of the rest of these terms.
Entire Agreement
These terms, including any additional provisions incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the Site and Services and supersede all prior agreements, negotiations and discussions between you and us relating to the subject matter.
Neither you nor we shall have any remedies in respect of any statement, representation or assurance that is not set out in these terms, nor any claim for innocent or negligent misrepresentation based on any statement in these terms.
Pursuant to clause 7 of these terms, certain of the subscription Services are accessible only through our paid subscription Services. Where stated on our Site, you may have to pay for use of these Services. The applicable charges for paid Services for each type of user will be clearly set out on our Site before you are required to make any payment. Further details of payment obligations will be set out on our Site and should be read in conjunction with these terms.
Without prejudice to clause 3.2, you acknowledge that the decision to offer you jobs or appointments rest with the casting agents and other employers and the availability of such jobs is affected by the state of the industry as a whole. We cannot guarantee you work nor that employers who view your profile will call you in for an audition or interview.
It is your responsibility to ensure that any job or appointment offered by employers is acceptable to you. We are unable to verify or provide any assurance relating to the nature or duration of, or payment for any such job or appointment.
If you register a profile on a Site which has a free basic Service and a paid subscription Service (a "premium" Service) you may upgrade to the premium Service and you will receive notification of this entitlement.
If you choose not to upgrade to the premium Service immediately, you may continue to use the free basic Service but may upgrade to the premium Service at any time.
If you choose to upgrade to the premium Service, payment must be made at the time you choose to upgrade. Our premium Service can be paid for in monthly installments or by an annual fee.
You may cancel your premium subscription Service at any time in accordance with clause 10. If you cancel within 14 days of upgrading and have not actively used the service; for example not applied for jobs or contacted any employers or sent emails within that 14 day period, you shall be entitled to receive a full refund.
If you have actively used the service for example applied for jobs or contacted any employers or sent emails within that 14 day period and wish to cancel your premium subscription Service within that 14 days:
Casting professionals, film-makers and all other employers must ensure that their job postings and other content, and the terms of the job or role to which any posting relates, comply with all applicable laws, including those relating to minimum payments, non-discrimination, tax and employment.
It remains the responsibility of the Employer to ensure that candidates found through mandy.com have the licences necessary for completing work, and that DBS checks are conducted where necessary.
Without prejudice to clauses 4.2, 9 and 11, we may edit any job posting which you submit to make it appropriate for the relevant Site.
Employers may not use their employer profile or Services aimed at employers (including any job posting, email or communication service) to advertise, solicit or promote any products or services. We may charge you a fee of 200 GBP for each breach of this requirement – see clause 5.1 above.
Our Site give you the opportunity to register as a service provider and to offer your services to candidates. You may only use such facility to offer services which are relevant to our Site and Services (such as photography or show-reel services). Please be aware that some candidates may choose not to receive contact from service providers.
If you use the Site or Services as an agent for candidates, it is your duty to inform such candidates of the scope of the Services, and the relevant requirements and restrictions as set out in these terms (for example, those set out in clause 14 above).
In order to advertise on our Site, you must set up a profile and separately apply for advertising space on our Site together with payment of a fee. Further details of how to apply, and where and when your advertisement may be displayed, are contained on the Site where advertising space is available.
It is your responsibility to ensure any advertisement you submit to our Site complies with all applicable legal requirements, advertising standards and codes of practice. In addition, you may not submit advertisements for services or products which may compete with our Services. Without prejudice to clauses 9 and 11, we may refuse to publish or remove any advert we reasonably consider to be in breach of these terms.
