1.1 Welcome to the GigWizard mobile application, the website www.gigwizard.com.au and any other websites owned or controlled by GigWizard (together or separately the “App”) which is owned and operated by GIGWIZARD PTY LTD (ABN 38 678 430 870) (“GigWizard”).
1.2 The App is a platform designed for artist self-promotion, discovering artists, facilitating gig bookings, transferring funds, and connecting hirers with artists.
1.3 By accessing or using the App you become a user (“User”). As a User of the App you agree that you have read and understood these Terms & Conditions and that you agree to be bound by these Terms & Conditions, whether or not you sign up to an account on the App (“Agreement”).
1.4 GigWizard may from time to time alter, modify, add to or change in any way, any provision of these Terms & Conditions. Please ensure you read this Agreement each time before using the App.
1.5 Updates to Terms. Material changes will be notified 7 days in advance and apply prospectively to Orders placed after the effective date. Existing Orders remain governed by the terms accepted for that Order (with its Booking Agreement).
Interpretation. The singular includes the plural; “including” means including, without limitation; times are the event venue’s local time unless stated otherwise; examples are illustrative, not exhaustive.
2.1 The App is a platform devoted to connecting artists with promoters and people who wish to book artists to perform at their events.
2.2 You may use GigWizard as a Hirer or an Artist.
2.3 Platform role – disclosed payment agent. Unless expressly stated otherwise for a particular Order, GigWizard acts as a disclosed payment agent for the Hirer to facilitate payments to the Artist. The performance services are supplied by the Artist to the Hirer. GigWizard collects monies from the Hirer on the Hirer’s behalf and remits amounts to the Artist as set out in these Terms, the Booking Agreement and applicable law.
2A.1 In-App bookings. If a Hirer and an Artist discover, discuss or arrange a performance via the App, the booking and all payments for that performance must be made through the App.
2A.2 No off-platform payments. Users must not solicit, encourage, accept or make payment outside the App to avoid or reduce GigWizard fees.
2A.3 No contact or payment details. Before an Order is confirmed, Users must not post, request or share personal contact or payment details (e.g. phone, email, bank details, links, images etc.) for the purpose of arranging or paying off-platform.
2A.4 Consequences. If GigWizard reasonably believes circumvention occurred, it may suspend or terminate accounts.
3.1 All material on the App (excluding User Materials, as described in Clause 5) including, but not limited to, underlying software, code, design, text, graphics, photographs, footage, sound recordings, musical works and other files are owned by, controlled by, or licensed to, GigWizard (“GigWizard Materials”). All rights are reserved. No GigWizard Materials may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part other than in accordance with these Terms & Conditions, without the prior written consent of GigWizard.
3.2 All trade marks, logos, trade dress and service marks on the App are either trade marks or registered trade marks of GigWizard or third parties that have authorised such use and may not be copied, imitated, or used, in whole or in part, without the prior written consent of GigWizard.
4.1 No personal contact/payment details in Profiles. Users must not include personal contact or payment details in their Profile (e.g., phone numbers, emails, messaging handles, QR codes, payment links, “DM to book” instructions, etc.). Portfolio/content links (e.g., to music or video pages) are permitted only where they do not enable or encourage off-platform contact or payment. Breach may be treated as circumvention under clause 2A.
4.2 In order to access the App as a Hirer or Artist, the User must first register as an account holder on the App by completing the sign-up process and creating a user account (“User Account”).
4.3 The User is solely responsible for maintaining the confidentiality of their User Account and password and for all activities that occur under their User Account.
4.4 The User must notify GigWizard immediately if they believe their password has been compromised. GigWizard shall not be liable for any loss or damage that the User incurs as a result of a security breach of their User Account. The User may be liable for loss or damage that GigWizard incurs as a result of such security breaches found to have resulted from any act or omission of the User.
4.5 We may make changes to App features. For any material change that reasonably disadvantages Users, we will give at least 7 days’ notice in-App or by email. If you do not agree to a material change, you may stop using the App before the change takes effect. Urgent changes for security, legal compliance, or to prevent abuse may take effect immediately.
4.6 As part of the registration process each User creates a user profile that is publicly viewable by other Users (“Profile”). The Profile includes details such as first and last name or screen name, photographs, biographies etc and allows the User to integrate their social media and other online platforms into their GigWizard Profile.
4.7 Each User is solely responsible for activity and the accuracy and truthfulness of the information attached to their Profile.
5.1 The User may upload onto the Profile on the App and/or exchange certain content via the App, including but not limited to text and images (“User Materials”).
5.2 The User warrants that all User Materials that the User uploads to the App do not infringe on any third-party rights (including copyright or any other proprietary rights).
5.3 The User warrants that all User Materials that the User uploads to the App are truthful and accurate.
5.4 GigWizard reserves the right to remove any User Materials in the event that it believes such materials infringe on rights of others under copyright law, or other applicable law, and GigWizard may suspend or otherwise terminate that User’s User Account in its sole discretion if a User is found to be in breach of this Agreement.
5.5 The User acknowledges that GigWizard does not monitor whether Users are complying with local and/or applicable laws or complying with third-party rights insofar as the User Materials are concerned and GigWizard is in no way responsible for protecting the copyright, licenses or any other rights of any User or third party.
5.6 The User grants GigWizard a worldwide, royalty-free and compensation-free, non-exclusive perpetual licence(s) to use and publicly display the User’s User Materials on the App or in connection with the App, or the promotion or operation of the App and in connection with GigWizard’s business (“Licence”). GigWizard does not claim any rights to User Materials other than as set out in this Clause 5.
5.7 The User agrees not to use the App to upload, exchange, post, email, transmit or otherwise make available any content that:
5.8 GigWizard reserves the right without prior notice to remove User Materials from the App where it deems they fall into any of the categories described in Clause 5.7 above, and GigWizard may suspend or otherwise terminate that User’s User Account in its sole discretion as a result of such breach by the User.
5.9 GigWizard does not endorse any User Materials, or any opinion, recommendation, or advice expressed therein, and GigWizard expressly disclaims any and all liability in connection with all User Materials.
5.10 No off-platform steering. User Materials must not contain personal contact or payment details, or direct Users to book/pay off-platform. GigWizard may remove such content, and repeated or material breaches may be treated as circumvention under clause 2A (including the remedies there).
6.1 Order charge. The Hirer is charged at Order acceptance (or as otherwise shown in-App).
6.2 Release Triggers. GigWizard may release the Artist Fee on the Hirer’s behalf when a Release Trigger occurs. A “Release Trigger” is any of:
6.2A Funds custody. Order funds are held by our payment service provider and used only to release or refund under these Terms. GigWizard, as the Hirer’s payment agent, instructs disbursement on a Release Trigger. No interest is payable.
6.2B Artist payout authority. The Artist authorises GigWizard to disburse the Artist Fee to the payout account the Artist nominates in-App and to make any adjustments authorised under these Terms (including set-off under clause 6.7). Payment to that account is a good discharge of GigWizard’s obligation to pay the Artist for that Order.
6.3 Cleared funds only / no advancement. Payouts are made only from cleared funds actually received from the Hirer and not subject to reversal or chargeback. GigWizard is not required to advance its own funds.
6.4 Payout processing time. Once funds are released under 6.2, GigWizard will typically process the payout to the Artist within 1–5 business days (bank processing times may apply).
6.5 Payment Processing Fee. At the time the Artist Fee and Connection Fee are charged, a non-refundable (except where required by law) third-party Payment Processing Fee applies. Any bank or payout charges imposed by a User’s bank are the User’s responsibility.
6.6 ABN / no-ABN statement. To receive payouts, Artists must provide either: (i) a valid ABN and legal name; or (ii) a signed ATO “Statement by a supplier – not quoting an ABN (NAT 3346)” confirming a valid exemption (e.g., hobby / not carrying on an enterprise). If neither is provided, GigWizard may suspend payout or apply any withholding required by law. GigWizard will retain any no-ABN statement for 5 years. The Artist warrants the information provided is true and not misleading and will promptly update any change.
6.7 Chargebacks, bank reversals and cooperation.
6.8 Records. You agree that in-App records, logs and payment provider records are prima facie evidence of Orders, releases and payouts unless proved otherwise.
6A.1 Artist is the supplier. Performance services are supplied by the Artist to the Hirer. The Artist is responsible for all taxes arising from that supply, including GST where applicable.
6A.2 GST status. The Artist warrants the accuracy of their ABN and GST registration status provided in-App and must promptly update any change.
6A.3 Tax invoices (Artist Fee). Where the Artist is GST-registered, the Artist must issue a valid tax invoice to the Hirer for the Artist Fee (and any GST) within a reasonable time on request.
6A.4 GigWizard invoice (Connection Fee). GigWizard supplies the platform Connection Fee (and will issue a tax invoice to the Hirer for that fee).
6A.5 Credits & refunds. If an Order is refunded, the responsible party must issue any required adjustment notes/credit notes under applicable GST law. If the Hirer elects account credit, no new processing fee is charged when the credit is re-used.
7.0 Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any rights or remedies you may have under the ACL. To the extent permitted by law, and where the supply is not of a kind ordinarily acquired for personal, domestic or household use, our liability for failure to comply with a Consumer Guarantee in relation to the platform services is limited to re-supplying the services or paying the cost of re-supply.
7.1 To the fullest extent permitted by law, the App is provided on an "as is" basis and without representations or warranties of any kind to the User, whether express or implied, including without limitation as to the quality and/or fitness of the App for a particular use, accessibility or warranties that access or use of the App will be uninterrupted or error-free, and that the App and/or the User Materials will be secure or free of viruses or other harmful material or elements, or that any of the User Materials will be correct, accurate, timely or complete.
7.2 The GigWizard Materials may include technical inaccuracies or typographical or other types of errors. GigWizard has the right to make changes, modifications and updates to any GigWizard Materials contained on the App without prior notice.
8.1 GigWizard handles personal information in accordance with its Privacy Policy and the Australian Privacy Principles. Users may access and request correction of their personal information as described in the Privacy Policy. gigwizard.com.au/privacy-policy.
9.1 Through this App the User is able to link to third-party websites and/or social media accounts which are not under the control of GigWizard. GigWizard has no control over the nature, content and availability of those external websites. The inclusion of any links on the App does not imply a recommendation or endorsement of the goods and services, or opinions contained within such third-party apps.
10.1 To the fullest extent permitted by law, GigWizard is in no way responsible for: (a) the conduct and behaviour of any User, whether on the App or otherwise; (b) the operation of any gigs booked using the App; (c) any incorrect or inaccurate content on the App; (d) any User Material posted on the App or in connection with the App; or (e) the consequences of any malfunction of any equipment or programming associated with the operation of the App.
10.2 There may be times when the App is temporarily unavailable to the User due to maintenance or any other reason beyond the control of GigWizard. In the event that the App is unavailable GigWizard is in no way responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, unauthorized access to, or alteration of User communications or contributions.
10.3 Under no circumstances will GigWizard be responsible for any loss or damage suffered by a User or a third party relating to any bookings made through the App, including, but not limited to, personal injury or death, resulting from the User’s use of the App, any User Material in connection with the App, or any interactions between Users of the App, whether occurring on the App or otherwise.
11.1 THE USER WARRANTS THE FOLLOWING TO GIGWIZARD:
12.1 The User indemnifies GigWizard, and holds its officers, directors, employees, and licensors harmless from any and all claims, demands, damages, and expenses (including but not limited to legal fees) made by any other User or third party arising from or related to the User’s violation of these Terms & Conditions, any applicable laws or regulations, third-party rights, or in connection with any performance booked through the App.
12.2 The User indemnifies GigWizard, and holds its officers, directors, employees and licensors harmless from any and all claims, demands and damages (including but not limited to legal fees) made by a third party in the event that any content or information contained on the App is incorrect or in any way misleading.
12.3 The User hereby indemnifies GigWizard, its officers, directors, employees and licensors against any loss or damage suffered in the event that any aspect of the App does not function as intended for any reason beyond the reasonable control of GigWizard and particularly in connection with: (a) service interruptions caused by an internet service provider; (b) an internet connection; (c) any fault or deficiency in computer hardware or software; or (d) any fault or deficiency in audio/visual hardware.
12.4 Should GigWizard in its sole discretion determine that any party has breached these Terms & Conditions, then nothing herein shall prevent or in any way restrict its right to pursue any of its legal and/or other remedies, including, without limitation, court action.
13.1 The User acknowledges that this Agreement is personal to it and cannot be assigned, transferred, sold or otherwise disposed of without the prior consent in writing of GigWizard. GigWizard may assign or transfer this Agreement in connection with a restructure, sale or transfer of its business or assets, by providing you with notice.
14.1 Without limiting the generality of any other clause contained in this Agreement, GigWizard may terminate this Agreement immediately by notice in writing if: (a) the User is in breach of a material term of this Agreement; (b) the User dies; or (c) for any of the reasons stated within this Agreement.
14.2 If notice of termination is given to the User, GigWizard may, in addition to terminating the Agreement: (a) disable the User Account in order to prevent the User accessing files stored therein; (b) retain amounts required to satisfy (i) fees already earned, (ii) refunds/ chargebacks, (iii) genuine costs, or where mandated by law; (c) be regarded as discharged from any further obligations under this Agreement; and (d) pursue any additional or alternative remedies provided by law.
14.3 The User may terminate this Agreement at any time by deleting their User Account from the App, however the User will not be relieved of its obligations under this Agreement which are intended to survive termination.
15.1 Any dispute between the parties in connection with this Agreement must be attempted to be resolved in good faith between the parties.
15.2 In the event that a dispute cannot be resolved within 30 days from a notice of dispute being issued by either party, the following mediation procedure shall apply:
15.3 The parties must pay and bear an equal share of the mediator’s costs.
15.4 If the dispute is resolved under the mediation procedure, the parties must sign the terms of their agreement which will become final and binding on them.
15.5 The mediation procedure will be confidential so that: (a) written statements prepared for the mediator or for one of the parties; and (b) any discussion between the parties and between them and the mediator during the mediation procedure cannot be used in any subsequent proceedings in connection with the dispute.
15.6 If the parties are unable to resolve their dispute under the mediation procedure, either of them may refer the dispute to a Court having the appropriate jurisdiction.
15.7 This Clause is not intended to prevent a party from commencing court proceedings seeking urgent injunctive relief.
16.1 Governing law. This Agreement is governed by the laws of the Australian Capital Territory, Australia. The parties submit to the non-exclusive jurisdiction of the courts of that place.
16.2 Users are solely responsible for compliance with any applicable laws of the country from which they access this App.
17.1 Relationship. Except as expressly stated in these Terms (including clause 2.3), nothing in this Agreement creates an employment relationship, partnership, joint venture, agent/principal relationship or any other type of legal relationship between Users and GigWizard.
17.2 This Agreement shall constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understanding of the parties with respect thereto.
17.3 If any provision of this Agreement is found to be unlawful, void or unenforceable for any reason, the other provisions shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
17.4 No waiver. A failure or delay to exercise a right, power or remedy is not a waiver of it. A waiver must be in writing and applies only to the specific instance given.
