Terms of use
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1 Acceptance of Terms of Use
1.1 This website, app, platform, directory and any service offered under the name “acta” (“Platform”) is operated by The Event Ecosystem Pty Ltd ABN 90 631 665 337 and its related entities or bodies corporate (“us”, “we” and “our”).
1.2 Your use of the Platform is subject to these terms of use (“Terms of Use”). The Terms of Use constitute a binding legal agreement between you and us, and your use of the Platform constitutes your acceptance of these Terms of Use, our Privacy Policy, and any other policy displayed on the Platform, all of which form part of the Terms of Use. If you do not agree to the Terms of Use, you must not use the Platform.
1.3 Any time you visit the Platform, purchase a Subscription, submit an Enquiry or Opportunity Listing, or otherwise transact on the Platform, you are taken to accept these Terms of Use.
1.4 We may amend or modify the Platform, the Terms of Use and/or the Privacy Policy at our sole discretion at any time. Amendments are effective 14 days after publication on the Platform. Your continued use of the Platform indicates your continued acceptance of the Terms of Use as amended.
1.5 These Terms of Use prevail over any other terms or agreement between you and us, unless we have expressly agreed otherwise in writing.
2 Definitions
2.1 In these Terms of Use:
Booker means any person registered on the Platform who seeks to identify, contact or engage Talent for an Opportunity, and includes each individual user operating under a Booker’s Subscription.
Compiled Profile means a Talent profile created by us from Public Information, which has not been created, claimed or approved by the relevant Talent or their Talent Representative.
Directory means the searchable directory of Talent profiles made available on the Platform to Bookers who hold a current Subscription.
Enquiry means a request or expression of interest sent by a Booker to Talent or a Talent Representative through the Platform in relation to an Opportunity.
Opportunity means any engagement of Talent of any kind, including without limitation live performance, appearances, presenting, speaking, comedy, music, sport, film, television, content creation, advertising, marketing, public relations, ambassadorships, endorsements and collaborations.
Opportunity Listing means a brief posted on the Platform by a Booker describing an Opportunity, which may include dates, venue or location, audience or demographic, the type of Opportunity, budget and any other terms the Booker chooses to include.
Platform means the acta Directory, together with this website, app and any service offered under the name “acta”. The Platform is a directory. References to the Platform in these Terms of Use are references to the Directory and the website, app and tools that support it, and are not to be taken as indicating that we provide any service beyond those described in clauses 6.2, 6.6 and 6.10.
Review Period has the meaning given in clause 8.6E.
Privacy Policy means our privacy policy available at https://actaapp.com/privacy.
Public Information means information that has been published, or authorised to be published, by or on behalf of the Talent or their Talent Representative for the purpose of the Talent being identified, contacted or engaged professionally - including information appearing on the Talent’s or Talent Representative’s own website or official channels, on the website of a promoter, venue, festival, broadcaster or publisher, in an industry publication, or on an official public register.
Subscription means a paid subscription plan giving a Booker access to the Directory and related Platform features, at the tier and with the inclusions and allowances described in clause 7 and Schedule 1, as published on the Platform from time to time.
Subscription Fee means the recurring fee payable by a Booker for a Subscription, as published on the Platform or otherwise agreed with us in writing.
Talent means any person listed or registered on the Platform who may be engaged for an Opportunity, whether represented or independent.
Talent Representative means any person registered on the Platform who is appointed or authorised by Talent to act on the Talent’s behalf, including agents, managers and agencies.
Uploaded Content means any content whatsoever that you upload to the Platform or provide to us, including without limitation profile information, images, audio, video, biographies, descriptions, Opportunity Listings, Enquiries, usage data, feedback and comments.
User means any person using or registered on the Platform whatsoever, including Bookers, Talent and Talent Representatives.
Verified means that we have completed the vetting checks described in clause 5 in respect of a User, and “Verification” has a corresponding meaning.
Warranties means any warranties, conditions, terms, representations, statements and promises of whatever nature, whether express or implied.
2.2 “You” or “your” means any person who uses or accesses the Platform, including any User.
3 Preconditions to Use
3.1 Access to and use of the Platform is subject to you being at least 18 years old and having the legal capacity to enter into binding contracts. By visiting, registering on, or using the Platform in any way, you warrant the above to us. If these conditions are not satisfied, you must cease using the Platform immediately.
3.2 The Platform is strictly a business-to-business service. Booker accounts are available only to professional talent bookers, and registration is selective: an account will only be issued once we have completed Verification under clause 5 and approved the application at our discretion. The Platform must not be used for personal, domestic or consumer purposes, or for any purpose other than that for which it is provided.
4 Registration and Accounts
4.1 You must be a registered member to access certain features of the Platform, including the Directory.
4.2 When you register and activate your account, you will provide us with information such as your name, email address, organisation details and other information we reasonably require. You must ensure this information is accurate, complete and current at all times, and you must promptly update it if it changes. We handle all personal information in accordance with our Privacy Policy.
4.3 Authorised users and login credentials. Certain Subscription tiers permit multiple authorised users under a single Booker account. In that case:
(a) Each authorised user must hold and use their own individual login credentials.
(b) Credentials must not be shared with any third party, or between users, including between authorised users on the same account.
(c) You are responsible for keeping your credentials secure and for all use and activity carried out under them, and the Booker is responsible for all activity carried out under its account.
(d) We will not be liable for any loss or damage arising from unauthorised activity under your account.
4.4 You must not impersonate any other individual, business or company, or misrepresent your identity, authority or affiliation. If you do, your account may be suspended or terminated and we may take such further action as we consider appropriate.
4.5 The acta app. The Platform includes a mobile application. The app is a means of accessing the same Platform, not a separate service. The following apply to it.
(a) One account, one Subscription. Your account is a single account. Access to the app is included in the same registration and, for a Booker, in the same Subscription. There is no separate app account, no separate app registration and no separate app fee. Clause 4.3 applies to app access as it applies to website access.
(b) Nothing is sold in the app. Subscriptions are purchased on the website only. The app contains no purchase path, and no Subscription Fee, additional seat, Enquiry allowance or other charge is payable or may be paid through it. Your Subscription is purchased, renewed, varied and cancelled on the website under clause 7, and clause 7 applies without modification.
(c) Licence to use the app. We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the app on a device you own or control, for the purposes described in clause 6.2 and for no other purpose. You must not copy, modify, adapt, translate, reverse engineer, decompile or redistribute the app or any part of it. Clause 13 applies to your use of the app as it applies to your use of the website.
(d) App stores. The app may be distributed through a third-party app store. The operator of that app store is not a party to these Terms of Use, gives no warranty in relation to the app, and has no obligation to provide any support or maintenance for it. Any claim in relation to the app is made against us and not against that operator. Where an app store operator’s own terms require it, that operator is a third-party beneficiary of these Terms of Use to the extent of that requirement and may enforce them against you. You must comply with the app store’s terms in using the app, and you warrant that you are not a person to whom, and are not located in a country to which, supply of the app is prohibited under applicable export control or sanctions law.
(e) Versions, updates and availability. We may issue updates to the app and may cease supporting earlier versions. Where a version is no longer supported, features may stop working until you update. We may withdraw the app entirely. None of these affects your Subscription, which is for access to the Platform and is not conditional on the app being available; the website remains the primary means of access.
(f) Device permissions and notifications. The app may ask for permission to use features of your device, and may send push notifications. Permissions are requested only where a feature you have chosen to use requires them, may be refused, and may be withdrawn at any time in your device settings. Push notifications may be turned off at any time without affecting your account. The Privacy Policy sets out what the app collects.
(g) Nothing in this clause 4.5 limits or excludes any right you have under the Australian Consumer Law, or any obligation we have under it.
5 Verification and Vetting
5.1 Every account on the Platform is subject to Verification. Verification is a condition of access to and continued use of the Platform. We may conduct Verification at registration and at any later time.
5.2 For the purposes of Verification, we may:
a) require you to provide identity information and supporting documents;
b) require evidence of your business, professional standing or authority (including, for Talent Representatives, evidence of authority to act for the relevant Talent, and for Bookers, evidence that you are a professional talent booker acting for an organisation - which may include review of professional profiles, business email domains, organisational details and other business indicators);
c) make enquiries of third parties and publicly available sources; and
d) require you to re-verify from time to time. The nature and depth of Verification checks is determined by us at our discretion.
5.3 We may, at our sole discretion and without giving reasons:
a) decline any application for registration;
b) suspend or withdraw Verification; and
c) suspend, restrict or terminate any account that fails or ceases to meet our Verification standards.
5.4 You warrant that all information provided for Verification is true, accurate and not misleading, and you acknowledge that we rely on it.
5.5 Verification means we have carried out the checks described in this clause 5. It is not a guarantee, endorsement or recommendation of any User, and does not constitute any representation as to any User’s performance, quality, reliability, solvency, availability or suitability for any Opportunity. Clause 15 applies to all Verification.
6 The Platform: What We Do and Do Not Provide
6.1 The Platform is a directory and introduction service. It allows Bookers to search and browse the Directory, receive curated suggestions, post Opportunity Listings, and make direct contact with Talent and Talent Representatives, all of whom are Verified.
6.2 The only services we provide are access to the Platform and the features described in these Terms of Use. In particular, we do not provide, and are not involved in:
a) negotiation of any engagement between Users;
b) the preparation, negotiation or execution of any contract between Users (any document management or upload features on the Platform are provided for the convenience of storing event and campaign materials only);
c) invoicing between Users, or the collection, holding or processing of any payment between Users, except that Enterprise subscribers may access the Retention Trust Account service described in clause 7.11 under a separate Retention Trust Account Agreement;
d) messaging or communications between Users beyond the initial introduction and Enquiry features of the Platform - once an Enquiry is accepted, further dealings continue directly between the Users by email, phone or such other means as they choose; or
e) the management, supervision or delivery of any Opportunity.
6.3 All dealings between Users following an introduction or Enquiry - including negotiation, contracting, payment and performance - occur directly between the relevant Users, outside the Platform, on terms they agree between themselves. We are not a party to, and have no responsibility or liability for, any such dealings or any agreement formed between Users.
6.4 We do not charge Talent or Talent Representatives any fee, and we do not charge any commission, booking fee or per-engagement fee to any User. Talent are paid directly by Bookers (or as otherwise agreed between
them) and retain 100% of what they earn; Talent Representatives retain 100% of any commission they charge their own Talent.
6.5 We are not an agent, manager or representative. For the avoidance of doubt:
(a) We are not the agent, manager, representative, promoter or employer of any Talent, and we do not act for any Talent or Talent Representative.
(b) The presence of Talent in the Directory does not indicate, and must not be represented by any person as indicating, any relationship, affiliation, sponsorship, approval or endorsement between that Talent (or their Talent Representative) and us.
(c) We do not state or imply that any Talent, Talent Representative or other person endorses, supports or is associated with the Platform unless that person has expressly agreed in writing, and we will withdraw any such statement promptly on request.
6.6 What the Platform is, and what it is not. The Platform is a directory. What it does is compile, verify and organise information about professional Talent - most of which is already publicly available, but is scattered, inconsistent, out of date or hard to find - and present it in one place in a consistent, searchable and current form. In particular:
(a) we are not a talent agency, management company, booking agency, speakers bureau, promoter or producer;
(b) we do not supply, procure, broker, book, resell or acquire the services of any Talent, and we are not a supplier or acquirer of talent services in any market;
(c) we are not a party to, and take no part in, any engagement between a Booker and any Talent or Talent Representative;
(d) nothing provided through the Platform forms part of any such engagement;
(e) we are not the source of, and take no part in the formation of, any contract, negotiation, term, fee or payment as between a Booker and any Talent or Talent Representative; and
(f) we do not represent, purport to represent, or hold ourselves out as able to act for, any Talent, and no person may state or imply that we do. Clause 6.3 applies.
6.7 What a Subscription buys. A Subscription Fee is paid solely for access to the Directory and to the search, curation, matching, screening and enquiry tools we have built. Accordingly:
(a) It is not a fee for, a commission on, or in any way referable to the engagement of any Talent.
(b) No part of it is paid or payable to any Talent or Talent Representative.
(c) Talent and Talent Representatives pay us nothing, receive nothing from us, and give up nothing by being listed.
(d) A Booker who never engages any Talent pays exactly the same Subscription Fee as one who engages many.
(e) It does not affect which Talent appear in the Directory, or the order in which they appear. See clause 11.6.
6.8 Why the Directory exists. Booking enquiries in the Australian market are frequently misdirected - to a person who is not the Talent’s authorised representative, to a contact that is out of date, or to a third party presenting itself as able to act for Talent when it cannot. Talent lose opportunities they never hear about, and Talent Representatives lose time on approaches that should never have reached them. The Directory addresses both problems:
(a) by identifying the Talent’s correct authorised representative and directing enquiries to that person under clause 8.14; and
(b) by screening Enquiries and Opportunity Listings before transmission under clause 9.5, so that unqualified, non-genuine and exploitative approaches are stopped rather than forwarded.
(c) Our object is to reduce the volume of enquiries reaching Talent Representatives while improving their quality, and to ensure that the enquiries that do reach them come from Verified Bookers and arrive at the right address.
6.9 What the Directory shares, and with whom.
(a) The only information the Directory makes available to a Booker is legitimate professional information identifying Talent and their authorised Talent Representative, together with the business contact details published or supplied for the purpose of receiving professional enquiries.
(b) The Directory is not public. It is available only to professional Bookers who have applied for an account, been approved following Verification under clause 5, and hold a current Subscription. It is not indexed for public search and is not accessible without a Subscription.
(c) Not every Subscription tier includes the ability to send an Enquiry. The entry-level tier provides search and shortlisting only, for research and planning purposes, and does not enable a Booker on that tier to contact any Talent or Talent Representative through the Platform.
(d) Enquiry functionality is available only on higher tiers and is subject to the monthly allowances in Schedule 1 and to screening under clause 9.5.
6.10 No detriment to Talent or Talent Representatives. Being listed in the Directory costs a Talent or Talent Representative nothing, requires nothing of them, and takes nothing from them. In particular:
(a) We charge them no fee and take no commission.
(b) We acquire no right to act for any Talent and no interest in any engagement.
(c) We do not contact Talent for whom a Talent Representative is identified.
(d) An Enquiry is an invitation to commence discussions only. The Talent Representative remains free to accept, decline or ignore any Enquiry at their sole discretion under clause 9.3, and to negotiate and contract on whatever terms they choose, directly and outside the Platform.
(e) Nothing in the Directory restricts, replaces, competes with or interferes with the relationship between any Talent and their Talent Representative.
6.11 How we describe ourselves and others.
(a) We do not state or imply that any Talent, Talent Representative or other person endorses, supports, sponsors, is affiliated with, or has approved the Directory or us, unless that person has expressly agreed in writing.
(b) We do not describe any Talent as being available through us, represented by us, or bookable from us.
(c) Where we publish figures about industry participation or support, they are statements of fact capable of substantiation, and do not refer to any Talent or Talent Representative who has not agreed to be named.
(d) Any person who considers that we have described them, or their relationship with us, inaccurately may write to us at hello@actaapp.com, and we will correct or withdraw the statement promptly.
7 Booker Subscriptions and Fees
7.1 This clause 7 applies to Bookers only. Talent and Talent Representatives do not pay us any fees.
7.2 Access to the Directory and Booker features requires a current Subscription. Subscription tiers, their monthly pricing, seat allowances, monthly Enquiry allowances and other inclusions are set out in Schedule 1 and published on the Platform. If there is any inconsistency between Schedule 1 and the pricing published on the Platform at the time of purchase or renewal, the Platform pricing prevails.
7.3 Additional seats and Enquiry allowances.
(a) Additional seats may be added to any tier at the published per-seat fee, and are activated only once the additional payment has been received.
(b) Monthly Enquiry allowances apply per calendar month, and unused allowances do not roll over to later months.
(c) A Booker may ask us to carry over unused Enquiries in a particular case. We may grant or decline any such request at our sole discretion, with each request determined on its own merits; a decision in one case does not create any entitlement in another.
7.4 A Subscription may only be purchased once the Booker has completed Verification and been approved for an account under clause 5. Subscription Fees are payable in advance and may be paid:
a) by credit card, processed by our payment service provider, Stripe (you may be required to accept Stripe’s terms of use); or
b) against a tax invoice issued by us through the Platform. Your Subscription commences, and access to its tiered services is enabled, only once the funds have been successfully charged or received by us in cleared funds. You authorise us (and Stripe) to charge your nominated payment method on each renewal date where you pay by card.
7.5 Committed terms. Subscriptions are offered on a committed term of 3, 6 or 12 months, as selected at purchase. Weekly and month-to-month subscriptions are not offered. A Subscription described on the Platform as billed monthly is a committed term billed in monthly instalments, and the minimum commitment is stated before purchase.
(a) You acknowledge that a substantial part of the Directory’s value - access to Australia’s complete vetted talent market, curated matching and verified representation details - is capable of being extracted in a short period of access, and that the committed term is a genuine and reasonably necessary protection of our legitimate business interests.
(b) Subscription Fees for the full committed term are payable upfront, and access to the Directory is not granted until payment has been received in cleared funds.
(c) At the end of a committed term, the Subscription renews for a further term of the same length unless you cancel by notice before the renewal date.
(d) Cancellation during a committed term does not take effect until the end of that term, and the Subscription Fees for the remainder of the committed term remain payable in full.
(e) A 12-month committed term may be paid in full in advance, in which case the discount and the amounts set out in Schedule 1 apply. The discount applies only where the full term is paid in advance, and does not apply to additional seats.
7.6 Subscription Fees are strictly non-refundable, including for partly used billing periods and unused features, except where a refund is required by law (including the Australian Consumer Law).
7.7 We may change Subscription Fees or tier inclusions by publishing the change on the Platform with at least 30 days’ notice. Changes do not affect the pricing or inclusions of any Subscription during its then-current committed term; they take effect from your next renewal. If you do not agree to a change, your remedy is to cancel before renewal.
7.8 If any Subscription Fee is not paid when due, we may suspend or restrict your access to the Directory and Booker features until payment is received, and may terminate your account for continued non-payment.
7.9 A Subscription is for your internal business use. You must not resell, share, sublicense or provide access to the Directory or its contents to any person who is not an authorised user under your Subscription.
7.10 Enterprise tier. The Enterprise tier is available by application only, and we may accept or decline any application at our discretion. Enterprise includes everything in the Attract tier, plus unlimited seats, unlimited Enquiries (which remain subject to screening under clause 9.5), a dedicated account manager, and access to the Retention Trust Account service described in clause 7.11. Enterprise pricing and terms are agreed on application.
7.11 Retention Trust Account. As a condition of an Enterprise Subscription, the subscriber and we will enter into a separate Retention Trust Account Agreement, under which:
a) we establish and maintain a retention trust account into which the subscriber may deposit funds, held for the subscriber’s benefit and under our control in accordance with that agreement and Australian law;
b) funds are released only on the subscriber’s written instructions specifying the amount, recipient, purpose and release date;
c) no fees are charged for the deposit, holding, management or release of funds, and banking fees are absorbed by us;
d) funds do not accrue interest for the subscriber’s benefit;
e) we may verify, delay or refuse a release request we suspect is fraudulent, unauthorised or unlawful;
f) we maintain records of all deposits and releases, available to the subscriber on request; and
g) on termination, remaining funds are released in accordance with the subscriber’s final written instructions. If there is any inconsistency between these Terms of Use and the Retention Trust Account Agreement, the Retention Trust Account Agreement prevails in respect of the trust account.
h) We do not determine, negotiate, approve or withhold any payment to any Talent or Talent Representative. We do not decide who is paid, how much, or when. A release is made only on the subscriber’s written instruction under paragraph (b), and operating the account is an administrative service to the subscriber. It is not participation in any engagement and does not make us the agent of any person. Clauses 6.5 and 6.6 continue to apply.
8 Talent and Talent Representative Accounts
8.1 Registration and listing in the Directory is free for Talent and Talent Representatives. We do not charge Talent or Talent Representatives any fee, commission or charge of any kind.
8.2 By creating, claiming or approving a Talent profile, the Talent (and, where applicable, their Talent Representative) grants us a non-exclusive, royalty-free, worldwide licence to host, reproduce, display and communicate the profile and its Uploaded Content:
a) within the Directory to Bookers; and
b) in our reasonable marketing and promotion of the Platform. This licence continues for as long as the profile remains on the Platform and ends when the profile is removed, except for archival and legal-compliance copies. This clause 8.2 applies only to a profile created, claimed or approved by the Talent or their Talent Representative. No licence is granted to us under this clause in respect of a Compiled Profile, and we do not assert any licence over, or any right in, a Talent’s name, image, likeness, recordings or other intellectual property by reason of a Compiled Profile. No Talent’s name, image, likeness, recording or profile content appears in our advertising, marketing or promotional material without the express or implied agreement of the Talent and/or their Talent Representative. Any person who considers that their material has been used without such agreement may write to us at hello@actaapp.com and we will withdraw it promptly.
8.3 Talent and Talent Representatives must ensure profile information is accurate and current, including genres, credits, representation status and contact preferences. You must promptly update your profile if your representation arrangements change. Talent (or their Talent Representative) may also nominate the types of charities or charitable causes for which the Talent is open to discussing discounted or unpaid engagements (see clause 9.7), and may update or withdraw those nominations at any time.
8.4 Talent Representative authority warranty. A Talent Representative warrants to us on an ongoing basis that they have full authority from each Talent they represent on the Platform to act as that Talent’s representative and agent, including to create and manage the Talent’s profile, receive Enquiries and respond to Opportunity Listings on the Talent’s behalf.
(a) For the avoidance of doubt, managing a profile includes editing, correcting, replacing and restricting it under clause 8.16.
(b) Managing a profile does not of itself include instructing its permanent removal, which is dealt with under clauses 8.6, 8.6A and 8.6B.
(c) A Talent Representative is bound by these Terms of Use both in their personal capacity and as agent for each relevant Talent.
8.5 Where Talent has appointed a Talent Representative on the Platform, Enquiries and Opportunity notifications relating to that Talent will be directed to the Talent Representative only, and not to the Talent directly. Where the Platform lists international Talent touring Australia, Enquiries relating to Australian dates will be directed to the Australian promoter or company facilitating that tour, as the authorised local contact for the Talent while on tour in Australia.
8.6 Removal at the Talent’s request. Talent may require the removal of their profile from the Directory at any time, without giving reasons and at no charge, by written request to us at hello@actaapp.com. The following apply:
(a) Removal is requested and actioned by email only. There is no facility on the Platform by which any person may delete a Talent’s profile.
(b) We ask (but do not require) that the Talent copy their Talent Representative on the request.
(c) With our acknowledgment of any request we provide the plain-English explanation described in clause 8.6C, so that the request is an informed one.
(d) We will action the request within 5 business days and confirm removal in writing.
(e) We will action it whether or not a reason is given, and whatever the reason. It is the Talent’s decision and we do not require it to be justified to us.
(f) Where a profile is removed at the Talent’s request, we will not create a Compiled Profile for that Talent again unless the Talent later asks us to.
8.6A Removal requests made by a Talent Representative. This clause applies only where a request to remove a Talent’s profile is made by a person other than the Talent.
(a) We do not restrict or remove the profile on receipt of such a request. A profile lawfully compiled from publicly available and representative-supplied information is not suppressed because a third party who asserts no right of their own would prefer that it were.
(b) We reply setting out what the Directory is, what it does and does not do, and our position, and we provide the plain-English explanation described in clause 8.6C for the Talent Representative to pass to the Talent.
(c) Permanent removal of a Talent’s profile is actioned only on the Talent’s own express instruction under clause 8.6, or under a standing authority given by the Talent under clause 8.6B. A Talent Representative cannot instruct the permanent removal of a Talent’s profile, because the professional information on it is the Talent’s and not theirs.
(d) Where the Talent contacts us directly, we reply to the Talent, explain what the Directory is, and provide a means by which the Talent may confirm their instruction. From the time the Talent tells us they are considering removal, we restrict the profile from view by Bookers pending their confirmation, and clause 8.6E applies from that time.
(e) Nothing in this clause applies to a request under clause 14.6 or clause 14.7, including any request by an owner of copyright or of any other right in content on a profile, which we action under those clauses without requiring confirmation of anything and without regard to this clause.
8.6B Standing authority. A Talent may tell us in writing at hello@actaapp.com that their Talent Representative may act for them in relation to the removal of their profile. Where a Talent has given us that standing authority, a removal request from that Talent Representative is actioned under clause 8.6 as though made by the Talent, without further reference to the Talent. A Talent may give, vary or withdraw a standing authority at any time, and we will act on it within 5 business days.
8.6C Informed removal. The explanation referred to in clause 8.6 is provided with our acknowledgment of any removal request, and to any Talent Representative who asks for it so that they may pass it to the Talent. It states:
(a) that the Directory reproduces professional information that is already publicly available;
(b) that enquiries are directed to the Talent’s Talent Representative and never to the Talent;
(c) that we do not discuss any Talent with any Booker or any other person;
(d) that we charge the Talent and their Talent Representative nothing and take no commission;
(e) that we are not a party to any engagement; and
(f) that removal ends the Talent’s ability to receive enquiries through the Directory.
(g) It is provided for information only. It is not a condition of removal, it does not delay removal, and no answer to it is required.
8.6D Confirming the Talent’s instruction. We act on a removal instruction only where it is given by the Talent and is unambiguous. To that end:
(a) Our reply to a Talent who has raised removal contains the plain-English explanation of what the Directory is, and a single confirmation link or reply instruction by which the Talent confirms that, having read that explanation, they wish their profile permanently removed.
(b) We do not treat silence as an instruction.
(c) We do not treat a statement made on the Talent’s behalf by another person as an instruction.
(d) We do not assume that a message we have sent has been received, read or understood.
(e) Where confirmation is given, we remove the profile permanently under clause 8.6 and confirm removal in writing.
8.6E The Review Period. Where a profile has been restricted under clause 8.6A(d), that restriction does not continue indefinitely.
(a) The Review Period is 14 days from the date the restriction takes effect.
(b) On day 7 we send one reminder to the Talent, restating the position and the means of confirming.
(c) If the Talent confirms removal during the Review Period, we remove the profile permanently under clause 8.6.
(d) If the Talent tells us they wish the profile to remain, we reinstate it immediately.
(e) If the Review Period ends without confirmation from the Talent, we reinstate the profile, because we have no instruction from the person whose information it is and we do not treat silence as one. We notify the Talent and their Talent Representative that we have done so, and the Talent may raise removal again at any time.
(f) Nothing in this clause affects clause 14.6 or clause 14.7: content removed under those clauses is not reinstated by the operation of this clause.
8.6F Communicating with Talent Representatives.
(a) Where a Talent has more than one Talent Representative, or where a removal request is made by one of them, we may communicate with any or all of them, and in particular with the Talent’s manager, who is ordinarily the representative closest to the Talent’s own wishes.
(b) No Talent Representative may direct us not to communicate with another Talent Representative of the same Talent.
(c) Where we communicate with a manager about a possible removal, we ask the manager to have the Talent contact us directly, so that we may reply to the Talent and obtain their instruction under clause 8.6D.
(d) This clause does not qualify clause 8.6A(c). A manager cannot instruct the permanent removal of a Talent’s profile any more than any other Talent Representative can.
(e) A Talent, and only a Talent, may tell us not to communicate with them directly, in which case we communicate through the Talent Representative they nominate.
8.7 Compiled Profiles - purpose. The Directory exists so that Bookers can identify Talent and be directed to the correct authorised representative. Misdirected, misinformed and third-party approaches are a well-recognised problem in the Australian talent market, and they cost Talent and Talent Representatives opportunities. Accordingly, in addition to profiles created by Talent and Talent Representatives, we may create a Compiled Profile from Public Information. Clauses 8.8 to 8.16 apply to every Compiled Profile.
8.8 What a Compiled Profile may contain. A Compiled Profile may contain only: (a) the Talent’s professional or stage name; (b) category, genre, discipline and similar professional descriptors; (c) publicly stated credits, releases, touring or appearance information; (d) the identity of the Talent’s Talent Representative as publicly stated; and (e) the business contact details published by that Talent Representative, or by the Talent where the Talent is unrepresented, for the purpose of receiving professional enquiries.
8.9 What a Compiled Profile must not contain. A Compiled Profile must not contain: (a) any personal mobile number, private email address, residential address or other contact detail that has not been published for the purpose of receiving professional enquiries; (b) any image, audio or video recording except as permitted by clause 8.13; (c) any sensitive information; (d) any indicative fee otherwise than in accordance with clause 11.5; or (e) any information relating to a person under 18 years of age.
8.10 Notices. We display the following notices. Each is displayed with reasonable prominence, in a position and manner that conveys reasonable attention to it. No notice is greyed out, reduced to an illegible size, collapsed by default, or hidden behind a tooltip or disclosure control. This applies equally on the website and in the app. A smaller screen is not a reason to abbreviate, truncate, collapse or defer a notice: where a notice cannot be displayed in full on a screen, the screen is redesigned to carry it.
(a) Standing disclaimer. The following text appears in the signature block of every email sent from an acta address, and wherever else on the Platform we describe what acta is: “acta is a directory. We are not the talent’s agent, manager or representative, and our listings are not an endorsement. Enquiries are sent directly to the talent’s representative(s). If you have any questions, email hello@actaapp.com.”
(b) Platform footer. In the footer of every page and every app screen of the Platform, including every Talent profile page and its app equivalent: “acta is a directory. Enquiries are directed to the talent’s representative(s). If you have any questions, email hello@actaapp.com.”
(c) Enquiry notice. On any page, app screen or message by which a Booker sends an Enquiry, and before the Enquiry is sent: “Your enquiry goes to this talent’s representative(s) shown above - or, where the talent is unrepresented, to the talent directly. acta does not represent this act/talent, takes no commission, and takes no part in the booking.”
(d) Compiled Profile notice. On a Compiled Profile, in addition to paragraphs (b) and (c): “Compiled from publicly available information, or information endorsed and provided for by the talent or the talent’s representatives.”
(e) Enquiry email disclaimer. At the foot of every Enquiry, Opportunity notification and related message we send to Talent or a Talent Representative: “acta is a directory. We are not the talent’s agent, manager or representative, and our listings are not an endorsement. Enquiries are sent directly to the talent’s representative(s). acta is not involved in the booking and takes no talent commission. Please reply directly to the booker and/or representatives. Feel free to keep acta on copy so that we may assist where needed. If you have any questions, email hello@actaapp.com.”
(f) Where we are kept on copy following an introduction under paragraph (e), our role is administrative only. We may assist with delivery, resending, correcting a detail or putting the parties back in contact. We do not advise either party on the terms of any engagement, do not negotiate, and do not act for either of them. Clause 6.6 applies.
(g) We may vary the wording of a notice under this clause to correct an error, improve clarity or reflect a change of contact address, provided the substance is preserved. No variation removes a statement that we are not the Talent’s agent, manager or representative, that a listing is not an endorsement, or that Enquiries are directed to the Talent Representative.
(h) Ordering disclosure. On every page and app screen on which Talent are displayed in an order, and on every curated shortlist: “Ranked by how well each profile matches your search.” That text is displayed with a link to a page setting out clause 11.6 in full, and that page is reachable from every screen on which the text appears.
8.11 Notification. At the time we create a Compiled Profile, or as soon as practicable afterwards, we will take reasonable steps to notify the Talent or their Talent Representative that the profile exists, what it contains, that the information was collected from a publicly available source, and how to claim, correct or remove it.
8.12 Claim, correction and removal. The Talent, or their Talent Representative, may at any time claim the profile, require any information on it to be corrected, or require the profile to be removed, in each case without giving reasons and at no charge. Clause 8.6 applies to any removal request. On a claim, the profile ceases to be a Compiled Profile and clause 8.2 applies to it from that time.
8.13 Images and third-party content. An image, audio or video recording appears on a Talent profile only where it has been:
(a) uploaded or supplied to us by the Talent or their Talent Representative, with the warranties in clause 12.1;
(b) licensed to us by the owner of the copyright in it;
(c) supplied to us through an authorised integration with a third-party platform, and we are permitted to display it under that platform’s terms; or
(d) taken from promotional material published online by or on behalf of the Talent for the purpose of promoting the Talent professionally.
We do not crawl, scrape or bulk-harvest any website or social platform without permission or an authorised API integration. We acknowledge that publication of an image online does not of itself grant any licence to use it, and accordingly material under paragraph (d) is used only pending supply of material under paragraph (a), and is at all times subject to clause 14.6 and clause 14.7.
8.14 Enquiries follow the representative. Where a Talent Representative is identified on a Talent profile, including a Compiled Profile, Enquiries and Opportunity notifications relating to that Talent are directed to that Talent Representative only. We do not publish, and will not provide to a Booker, direct contact details for Talent for whom a Talent Representative is identified. Clause 8.5 applies.
8.15 Talent under 18. A profile for Talent under 18 years of age may only be created or claimed by that Talent’s Talent Representative, parent or guardian, and only where that person warrants to us that they have authority to do so. We do not create Compiled Profiles for persons under 18. Enquiries relating to Talent under 18 are directed to the Talent Representative, parent or guardian only.
8.16 Representative autonomy, and the limit on it. A Talent Representative has full autonomy to maintain the profiles of the Talent they represent. Subject to the limit in paragraph (d):
(a) They may at any time, directly on the Platform and without our approval or any reason, edit, correct, add to, replace or restrict any such profile and any content on it, including any image, any representation detail and any indicative fee.
(b) Restricting a profile removes it from view by Bookers.
(c) Restriction is a profile management measure - for example where a Talent is on hiatus, is not currently taking work, is changing representation, or where content is being replaced - and it is temporary and reversible.
(d) Restriction by a Talent Representative does not constitute removal and may not be used as a substitute for it. Permanent removal is dealt with under clauses 8.6, 8.6A and 8.6B, and can be instructed only by the Talent.
(e) Where a profile has been restricted by a Talent Representative, the Talent may reinstate it at any time, and clause 8.6D applies.
(f) Unrepresented Talent have the same control over their own profile.
(g) Nothing in this clause limits a request under clause 14.6 or clause 14.7.
9 Enquiries, Introductions, Screening, Ratings and Reporting
9.1 A Booker with a current Subscription may send Enquiries to Talent or Talent Representatives through the Platform. Enquiries are transparent: the recipient will see the identity of the Booker and the details of the Opportunity provided in the Enquiry.
9.2 An Enquiry is an invitation to commence discussions only. It is not an offer capable of acceptance through the Platform, and no binding agreement between a Booker and Talent is formed on or through the Platform. Any binding engagement arises only if and when the relevant Users enter into their own agreement directly, outside the Platform.
9.3 Talent and Talent Representatives may accept, decline or ignore any Enquiry at their sole discretion. We do not guarantee any response, response time, availability or outcome.
9.4 Contact details and Opportunity details shared through an Enquiry or introduction are provided for the purpose of pursuing the relevant Opportunity. You must not use them for unsolicited marketing, resale, list-building or any other purpose.
9.5 Screening of Enquiries and Opportunity Listings. We may review any Enquiry or Opportunity Listing before it is transmitted or published.
(a) We may, at our sole discretion and without liability, decline, hold or refuse to transmit or publish any Enquiry or Opportunity Listing that we consider is not genuine, is exploitative of Talent (including offers with no or nominal budget inconsistent with the nature of the Opportunity), is materially below reasonable market parameters, or is offensive, unlawful or otherwise inappropriate.
(b) We are not obliged to transmit any Enquiry or publish any Opportunity Listing, and declining to do so does not entitle a Booker to any refund or credit.
(c) Guidance before transmission. Where we consider that paragraph (a) applies to an Enquiry, our usual course is to hold it and contact the Booker rather than decline it. We will explain what we consider the Enquiry has not accounted for and give the Booker the opportunity to revise and resend it.
(d) What that guidance is, and is not. Guidance under paragraph (c) is given to the Booker only, before the Enquiry has reached any Talent or Talent Representative and therefore before any discussion between them exists. We describe the matters that an Opportunity of that kind ordinarily requires an Enquiry to address - such as travel, accommodation, public holidays and peak dates, notice, duties, exclusivity or usage. We do not state, suggest or imply any fee, range or figure for any Talent, we do not tell a Booker what to offer, and we do not act for or on behalf of any Talent or Talent Representative in giving it. Clause 6.6 continues to apply.
(e) A Booker may ask us to transmit an Enquiry without revision. We will consider any such request, but we are not obliged to transmit an Enquiry to which paragraph (a) applies, and paragraph (b) continues to apply.
(f) Screening and guidance under this clause are provided because we have undertaken to Talent and Talent Representatives that Enquiries reaching them will not waste their time. They are performed in the operation of the Platform and for the benefit of the network as a whole, and not as agent, adviser or representative of any User.
9.6 Screening under clause 9.5 is conducted using our experience and judgement for the protection of the network as a whole. It is not a guarantee that any transmitted Enquiry or published Opportunity Listing is accurate, genuine, fair, adequate or suitable, and clause 15 applies to all screening decisions.
9.7 Charitable and pro-bono Opportunities.
(a) Talent (or their Talent Representative) may nominate to us the types of charities or charitable causes for which they are open to discussing discounted or unpaid engagements, and may update those nominations at any time.
(b) An Enquiry or Opportunity Listing that seeks a Talent’s time, name, likeness, attendance or performance for no financial reward, or for a nominal or heavily discounted fee on charitable grounds, will only be transmitted to that Talent (or their Talent Representative) where the charity or cause falls within the Talent’s nominated types. Otherwise it will be declined under clause 9.5.
(c) A Booker posting a charitable Opportunity must accurately disclose the charitable nature and purpose of the Opportunity, the identity of the charity or cause, and the basis on which the Talent’s involvement is sought.
9.8 Booker ratings and engagement reporting. Every Booker profile begins with a five-star rating.
(a) Throughout the enquiry and engagement lifecycle, the Platform will prompt the Booker to report on progress and outcomes, including whether the Booker has communicated with the Talent or Talent Representative, whether an engagement has been contracted and with whom, the amounts agreed or paid, and whether invoices have been paid.
(b) Bookers must respond to these prompts honestly, accurately and within a reasonable time.
(c) Talent and Talent Representatives may also be asked to provide corresponding reports.
9.9 We adjust Booker ratings (including by deducting half or full stars) based on completion and quality of reporting, and conduct on the Platform, in accordance with our rating methodology as determined and amended by us from time to time at our discretion. A Booker’s current rating is displayed to Talent and Talent Representatives, including alongside the Booker’s Enquiries and Opportunity Listings, and may affect how those are received and prioritised.
9.10 Ratings are statements of opinion derived from our methodology and from information reported to us, and we do not warrant that any rating is accurate or complete. You must not attempt to manipulate any rating, and providing false or misleading reports under clause 9.8 is a material breach of these Terms of Use. To the maximum extent permitted by law, we are not liable for any rating, any change to a rating, or any consequence of a rating being displayed, and clause 15 applies.
10 Opportunity Listings
10.1 Bookers whose Subscription tier includes Opportunity Listings may post Opportunity Listings describing an Opportunity, including dates, venue or location, demographic, the type of engagement and budget. The Platform will notify Talent and Talent Representatives whose profiles match the Opportunity Listing.
10.2 Talent (or their Talent Representative) who have viewed an Opportunity Listing may register their interest and acceptance of the terms of the brief through the Platform. The Booker will then receive a list of Talent who have seen the Opportunity Listing and expressed interest on its stated terms.
10.3 Expressions of interest are not agreements. An expression of interest in an Opportunity Listing (including acceptance of its stated terms) is strictly an indication that the Talent is willing to be engaged on those terms.
(a) It does not itself create a binding agreement of any kind between the Booker and the Talent.
(b) For the avoidance of doubt, no binding agreement between Users is formed on or through the Platform.
(c) A binding engagement arises only if and when the Booker and the Talent (or Talent Representative) enter into their own agreement directly, outside the Platform.
10.4 Each Booker warrants that every Opportunity Listing it posts:
a) relates to a genuine, current Opportunity that the Booker has authority and a bona fide intention to proceed with;
b) is accurate and not misleading, including as to dates, budget and requirements; and
c) complies with all applicable laws.
10.5 Opportunity Listings and their contents are confidential to the Users to whom they are disclosed through the Platform. You must not disclose, republish or share an Opportunity Listing or its terms outside the Platform except as reasonably necessary to pursue the Opportunity.
10.6 We may edit for format, decline, remove or withdraw any Opportunity Listing at our discretion, including where we consider it inaccurate, not genuine, unlawful or otherwise in breach of these Terms of Use.
11 AI Curation, Matching, Indicative Fees and Guidance
11.1 The Platform includes tools that use artificial intelligence, automated processing and historical booking and performance data to curate the Directory, suggest Talent to Bookers, generate shortlists, and match Opportunity Listings to Talent profiles. Certain tiers also include curated matches prepared by our team (“acta Recommends”).
11.2 AI-generated suggestions, matches, shortlists and curated matches (including acta Recommends) are assistive outputs and statements of opinion only. They are not advice, endorsements, recommendations of fact, or guarantees of suitability, availability, quality or price. You must make your own enquiries and exercise your own judgement before contacting or engaging any Talent, or responding to any Opportunity.
11.3 Indicative fees and guidance indicators. The Platform may display indicative fees on Talent profiles, and enquiry strength or offer guidance indicators.
(a) Indicative fees are estimates only, derived from historical booking and performance data. They are not quotes, offers, valuations or representations of any Talent’s actual fee.
(b) The actual fee for any engagement is set solely by the Talent or their Talent Representative in direct negotiation with the Booker.
(c) An enquiry strength indicator states how complete and considered an Enquiry is, expressed as one of four states and displayed together with an explanation of what it is based on. It is a statement about the Enquiry. It is not an assessment of any Talent, and we express no opinion on any Talent.
(d) An enquiry strength indicator is derived from a multitude of data points drawn from the Enquiry as a whole and from information available to us, including the detail supplied, the notice given, the dates and scope stated, the duties described, and the budget stated. No single input determines the state. In particular, no fee, fee range or budget figure, whether supplied by a Talent under clause 11.5, held by us or stated by the Booker, is capable on its own of determining or altering the state, and the state is not calculated by comparing the budget stated in an Enquiry against any fee or fee range referable to an identified Talent.
(e) An enquiry strength indicator is not a price, a fee, a range, a valuation, a recommendation as to what any Booker should offer, or a prediction that any Talent will accept or decline an Enquiry. It discloses no fee, fee range or figure for any Talent, and no such figure is displayed or capable of being derived from it.
(f) An enquiry strength indicator is displayed to the Booker only. It is not displayed to any Talent or Talent Representative, does not form part of any Enquiry we send, and is not recorded against any Talent profile.
(g) Nothing in an enquiry strength indicator, or in any guidance we give in connection with one, alters the matters in clause 6.5 or clause 6.6. We remain a directory. We introduce parties to each other. We are not the agent, manager or representative of any Talent, we take no part in any engagement, and any guidance we provide is drawn from a multitude of data points and is general guidance only.
(h) We accept no liability for any difference between an indicative fee or guidance indicator and the actual terms of any engagement.
11.4 We do not warrant that AI-generated or data-derived outputs are complete, accurate or free from error, and we may change, improve or withdraw these features at any time. Information about the data used by these tools is set out in our Privacy Policy.
11.5 Indicative fees are opt-in.
(a) An indicative fee is displayed on a Talent profile only where the Talent or their Talent Representative has given us permission to display it.
(b) Permission may be withdrawn at any time, directly on the Platform under clause 8.16 or by written request, and we will action a withdrawal within 5 business days.
(c) An indicative fee is expressed as a range. It is either supplied to us by the Talent or their Talent Representative as the range they ordinarily charge for a performance type, or generated from data we are permitted to use for that purpose in aggregated and de-identified form. Where it is supplied to us, it is their figure and not ours, and we express no view on it.
(d) Neither an indicative fee nor any other Platform output discloses the terms of any identified engagement, the fee agreed by any identified Talent, or any information provided to us in confidence.
(e) No indicative fee is displayed on a Compiled Profile.
(f) An enquiry strength indicator is not an indicative fee, and permission given under this clause 11.5 is permission to display a fee, not permission to be measured against one. A fee range supplied under this clause may be one of the many inputs to an enquiry strength indicator under clause 11.3(d), but is never displayed through it, never determines the state on its own, and is never disclosed by it.
11.6 How the Directory is ordered. Where the Platform displays Talent in an order - including search results, browse listings, shortlists and curated matches - that order is derived from the match between the information in the Talent’s profile and the search terms, filters or brief supplied by the Booker.
(a) Listing is free. Listing on the Platform is free to Talent and Talent Representatives. As at the date of these Terms, no payment made to us by any person affects whether a Talent appears in the Directory or the order in which they appear. If that position changes, paragraph (e) applies.
(b) A Subscription does not affect order. A Subscription determines which features and tools a Booker may use and the volume of Enquiries a Booker may send. It does not affect which Talent appear in the Directory, or the order in which they appear, for any Booker.
(c) Other factors. Where a factor other than those described in the opening paragraph of this clause 11.6 influences the order in which Talent are displayed - including the completeness of a profile, how recently it was updated, or whether contact details have been confirmed - we will describe that factor in the disclosure displayed under clause 8.10(h).
(d) acta Recommends. A curated match prepared by our team reflects our opinion of fit, formed from the brief supplied and from information available to us. Clause 11.2 applies to it.
(e) Change. If we introduce any form of paid, sponsored or promoted placement, or any other factor influencing the order in which Talent are displayed that is not described in the disclosure displayed under clause 8.10(h), we will amend that disclosure before the change takes effect. We will not operate any such factor while it is undisclosed.
12 Uploaded Content
12.1 Where the Platform allows you to upload Uploaded Content, you:
a) represent and warrant that you have all right, title, interest and authority in the Uploaded Content;
b) represent and warrant that you hold, or have the permission of the owner of, all copyright and other intellectual property rights in any photograph, recording or other material forming part of the Uploaded Content, and that you have permission to use the name and likeness of each person whose image or voice appears in it, in the manner contemplated by these Terms of Use;
c) represent and warrant that the use or exploitation of the Uploaded Content will not infringe the rights of any third party (including intellectual property and privacy rights); and
d) agree to pay all amounts which become owing to any person (whether by way of royalty or
otherwise) as a result of or in connection with your submission of the Uploaded Content.
12.2 It is your responsibility to keep your own copies of Uploaded Content. We do not guarantee that the Platform will always be available or that Uploaded Content will be retained.
12.3 You agree that we may store Uploaded Content on our servers (including servers operated by our hosting providers). To the maximum extent permitted by law, you release and indemnify us from any claim or loss in relation to Uploaded Content being stored on our servers.
13 Your Conduct
13.1 In using the Platform, you must:
a) always act courteously and professionally with us and any other User;
b) strictly comply with any policy displayed on the Platform;
c) obey all laws whatsoever which may apply in respect of your use of the Platform;
d) not take any action likely to impose a disproportionately large load on the Platform or our (or our suppliers’) servers;
e) not interfere with the proper working of the Platform, including by using any automated or manual software or process to crawl, spider, scrape, harvest or bulk-extract any part of the Platform or the Directory;
f) not copy, extract, download, compile or reproduce the Directory or any substantial part of it, or use any Platform data to create, train, populate or improve any competing directory, database, product or service;
g) except to the extent the Copyright Act 1968 (Cth) allows, not reverse engineer or otherwise seek to obtain any source code forming part of the Platform; and
h) not circumvent, or attempt to circumvent, the Subscription paywall, Verification, or any access controls.
13.2 You must not do anything, or add any Uploaded Content:
a) that may be considered harassment or bullying;
b) that may result in you, us or any other User breaching any law, regulation, rule, code or other legal obligation;
c) that is or could reasonably be considered obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
d) that would bring us or the Platform into disrepute;
e) that infringes the rights of any person;
f) that you know (or ought reasonably to suspect) is false, misleading, untruthful or inaccurate -including inflated credits, false representation claims or non-genuine Opportunities; or
g) that contains or constitutes unsolicited or unauthorised advertising (including junk mail or spam).
13.3 You must not use contact details, profile information or Opportunity details obtained from the Platform to contact any User outside the Platform other than for the genuine purpose of pursuing an Opportunity or an existing engagement.
13.4 A Booker must not advertise, announce, publish or promote any Talent’s name, image, likeness, involvement or attendance in connection with any event, campaign or opportunity - including to drive ticket sales, donations or publicity - unless and until the Talent (or their Talent Representative) has expressly agreed to the engagement. Breach of this clause is a material breach of these Terms of Use and may result in immediate suspension or termination of the Booker’s account.
13.5 A Booker must not use the Platform, or any information obtained from it, to circumvent a Talent’s Talent Representative where one is identified, or to procure, induce or encourage any Talent to act in breach of any agreement between that Talent and their Talent Representative. Where a Talent Representative is identified, all approaches relating to that Talent must be made through that Talent Representative.
13.6 A Booker must comply with all applicable working with children, child employment and child performance requirements in the relevant jurisdiction in relation to any Talent under 18 years of age.
14 Intellectual Property Rights
14.1 Our intellectual property, and what we do not claim.
(a) Except where otherwise indicated, we are the sole owners or licensees of all intellectual property comprised in the Platform, including all Platform content, software, design and branding, and any improvements, updates or modifications.
(b) To the extent that any intellectual property rights subsist in the Directory as a compilation, those rights are ours.
(c) Nothing in these Terms of Use transfers any intellectual property rights in the Platform or Platform content to you.
(d) For the avoidance of doubt, we claim no right in the underlying factual information about any Talent, and no right in any Talent’s name, image, likeness, recordings or other intellectual property.
14.2 Users retain ownership of their own Uploaded Content, subject to the licences granted in these Terms of Use (including clause 8.2).
14.3 If you provide us with feedback, comments or suggestions relating to the Platform or our business, all rights, title and interest in that feedback, and anything created as a result of it, are owned solely by us, and we may use the feedback for any purpose.
14.4 You must not do anything which breaches or interferes with our intellectual property rights or those of our third-party licensors. You must not distribute, reproduce, publish, alter, modify or create derivative works from Platform content without our prior written permission, or exploit such content for commercial benefit outside the Platform.
14.5 You acknowledge and agree that damages may not be an adequate remedy for a breach of this clause 14 or clause 13.1(e)–(f), and that equitable or injunctive relief may be sought.
14.6 Content complaints - who may make one. A complaint about content on the Platform may be made only by the owner of the copyright or other right in that content, or by a person authorised by that owner to act. A person who does not own, and is not authorised by the owner of, a right in the content has no standing to require its removal under this clause. Notify us in writing at hello@actaapp.com stating:
(a) your name and contact details;
(b) the content complained of and the profile or page on which it appears;
(c) the right you own or are authorised to act on, and the basis of your claim; and
(d) that you are the owner of that right or are authorised by the owner to make the complaint, and that the complaint is made in good faith. We will acknowledge the notice within 2 business days. Removal or disabling of content under this clause is not an admission of liability. The User who supplied the content may respond, and we may restore the content if the complaint is withdrawn or is not substantiated. We may suspend or terminate the account of any User who repeatedly supplies infringing content.
14.7 Removal on request by a rights holder. Where a complaint under clause 14.6 contains the statement required by clause 14.6(d), we act on it.
(a) We do not require the complainant to produce a licence, a chain of title, a registration, or any other documentary evidence of ownership, and we do not require them to give reasons. Their statement of ownership or authority is enough.
(b) We will remove or disable the content within 5 business days, at no charge, and we will not reinstate it unless the complainant agrees or the claim is shown to be unfounded.
(c) We act promptly because we recognise that, where material has been used on the footing of a licence that is implied from its publication by or on behalf of the Talent, a notice under clause 14.6 revokes that footing: from the moment such a notice is received we are on notice, and any continued use would be use with knowledge.
(d) This clause applies whether or not the complainant holds an account with us, and nothing in it is an admission of liability.
(e) For the avoidance of doubt, this clause concerns the content itself. It does not permit any person to require the removal of a Talent’s profile, which is dealt with under clauses 8.6 to 8.6F.
15 Disclaimer and Limitation of Liability
15.1 To the maximum extent permitted by law, we exclude all Warranties whatsoever unless expressly stated in these Terms of Use, including in relation to any User, any Talent, any Opportunity, or any dealings between Users.
15.2 You acknowledge that when you use the Platform, contact or engage any User, respond to any Opportunity Listing, or enter into any engagement with another User, you do so entirely at your own risk and relying on your own enquiries and judgement.
15.3 The limits of Verification and screening. Verification is limited to the checks described in clause 5, and screening of Enquiries and Opportunity Listings is limited to the review described in clause 9.5. Beyond those checks:
(a) We do not endorse or recommend any particular User, Talent, Enquiry or Opportunity, and we make no representation as to any User’s performance, quality, reliability, solvency, conduct or fitness for any purpose.
(b) Any curation, match, shortlist, ranking, Booker or User rating, indicative fee, enquiry strength indicator, screening decision or curated recommendation (including acta Recommends) displayed on or provided through the Platform is a statement of opinion generated to assist your own assessment. It is not a statement of fact or a recommendation.
15.4 Any information or guidance provided on the Platform (including booking guidance and budget guidance) is of a general nature only and is not professional, legal or financial advice.
15.5 Insurance.
(a) We do not provide, arrange or extend insurance of any kind to any User.
(b) We hold our own public liability insurance in respect of our own business only. That policy does not cover any User, any Opportunity or any engagement between Users.
(c) It is your sole responsibility to arrange your own insurance, and to satisfy yourself as to the insurance held by any other User, before entering into any engagement.
(d) For the avoidance of doubt, we are not a party to any transaction, engagement or agreement between Users.
15.6 Nothing in these Terms of Use excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, or any other law that cannot lawfully be excluded. To the extent we are entitled to limit our liability for breach of a non-excludable guarantee, our liability is limited, at our option:
a) in the case of goods, to the replacement of the goods or the supply of equivalent goods, or the payment of the cost of doing so; and
b) in the case of services, to the supply of the services again, or the payment of the cost of having the services supplied again.
15.7 Subject to clause 15.6, our liability arising in connection with these Terms of Use or the Platform is limited as follows:
a) we exclude all liability for consequential, special, indirect or remote loss, including loss of opportunity, revenue, profit or business;
b) our total maximum liability is capped at:
(i) for a Booker, the total Subscription Fees paid by that Booker in the 12 months preceding the event giving rise to the liability; and
(ii) for any other User, AUD $100;
c) our liability is reduced to the extent you contributed to it;
d) we exclude all liability for anything you have been aware of for longer than six months without commencing a claim; and
e) our liability is subject to your duty to mitigate your loss.
15.8 We provide the Platform on an “as is” and “as available” basis without any Warranties as to continuous, uninterrupted or secure access, that its servers are free of viruses or other harmful components, that defects will be corrected, or that you will not experience disruption.
15.9 If we terminate the Platform or your access to it pursuant to these Terms of Use, you release us from all liability, Loss or Claims suffered by you as a result of or arising out of such termination, save for any accrued rights you may have under clause 7 or under law.
15.10 All sub-clauses of this clause 15 are cumulative.
16 Release and Indemnity
16.1 To the maximum extent permitted by law, you agree to release the Released Parties from all Loss or Claims arising out of or in any way connected with any Relevant Matter, and you waive any rights conferred by any law that would purport to limit the scope of a release or waiver.
16.2 To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless the Released Parties from any Loss or Claims arising out of or in any way connected with any Relevant Matter.
16.3 In this clause:
a) “Claim” means a claim, action, proceeding or demand made against a person concerned, however it arises and whether present or future, fixed or unascertained, actual or contingent;
b) “Loss” means damage, loss, cost, expense or liability incurred by the person concerned however arising, including penalties, fines and interest, and including those which are prospective or contingent;
c) “Released Parties” means us and our officers, directors, shareholders, agents, employees, consultants, associates, affiliates, subsidiaries, related parties, related bodies corporate, sponsors and other third-party partners; and
d) “Relevant Matter” means anything in connection with:
(i) any engagement, agreement or dealing between Users;
(ii) the action or omission of any User;
(iii) any Opportunity or its performance or non-performance;
(iv) any damage to person or property, personal injury or death;
(v) your breach of these Terms of Use;
(vi) any matter for which we have disclaimed liability under these Terms of Use;
(vii) your use, misuse or abuse of the Platform; and
(viii) your breach or failure to observe any applicable law.
17 Suspension and Termination
17.1 You acknowledge and agree that:
a) we may suspend or terminate your access to the Platform at any time without giving any explanation, including where Verification is withdrawn under clause 5;
b) we may terminate these Terms of Use immediately by notice in writing if, in our sole discretion, you breach these Terms of Use or any associated policy; and
c) termination does not release you from obligations and liabilities that arose before termination, including any unpaid Subscription Fees.
17.2 If we suspend or terminate a Booker’s account during a committed term because of the Booker’s breach of these Terms of Use, the Booker is not entitled to any refund of Subscription Fees already paid, and the Subscription Fees for the remainder of the committed term become immediately due and payable.
17.3 On termination or expiry of a Booker’s Subscription or account, the Booker’s access to the Directory ceases and the Booker must cease using, and must not retain or exploit, any data extracted from the Directory. On closure of a Talent or Talent Representative account, the relevant profiles will be removed from the Directory within a reasonable period.
18 General
18.1 You must not assign, sublicense or otherwise deal in any way with any of your rights under these Terms of Use. We may assign or novate our rights and obligations under these Terms of Use to a related body corporate or a purchaser of our business or assets.
18.2 If a provision of these Terms of Use is invalid or unenforceable, it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
18.3 These Terms of Use are governed by the laws of New South Wales, Australia, and each party submits to the exclusive jurisdiction of the courts of New South Wales and all courts of appeal from there.
18.4 Any waiver of any term of these Terms of Use by us can only be given expressly in writing. A failure on our part to enforce a term does not constitute a waiver, and we reserve our rights in relation to all breaches unless expressly stated otherwise.
18.5 These Terms of Use constitute the entire agreement between the parties and supersede any prior negotiations, representations, understandings or arrangements, whether oral or written, including the terms of use applying to any earlier version of the Platform.
18.6 A provision of these Terms of Use that can and is intended to operate after its conclusion remains in full force despite termination or expiry, including clauses 8.2 (profile licence, to the extent stated), 8.6 (removal), 8.13 (images and third-party content), 12 (Uploaded Content), 14 (Intellectual property rights, including clauses 14.6 and 14.7), 15 (Disclaimer and limitation of liability), 16 (Release and indemnity), 17.3 (post-termination obligations) and all indemnities, releases, exclusions of liability and disclaimers.
18.7 No exclusivity. Nothing in these Terms of Use requires any Talent or Talent Representative to deal exclusively with us, to list exclusively on the Platform, or to refrain from listing on, dealing with or using any other directory, platform, agency or service. We neither seek nor accept exclusivity from Talent or Talent Representatives.
Effective: 22 August 2026.
Schedule 1 - Subscription Tiers
Current as at 8 October 2026. Tiers, pricing and inclusions as published on the Platform prevail (clause 7.2). All prices are in AUD and are exclusive of GST, which is added at the applicable rate. All Subscriptions are taken on a committed term of 3, 6 or 12 months (clause 7.5).
Brainstorm - $99 per month. The whole industry, inspiration on tap. Includes: full Directory access; AI-powered search; 1 seat. Additional seats $40 per month each.
Connect - $299 per month. From browsing the industry to booking it, direct. Includes everything in Brainstorm, plus: up to 20 Enquiries per month; create events and campaigns; 2 seats. Additional seats $40 per month each.
Attract - $499 per month. More seats, more Enquiries, and Talent who come to you. Includes everything in Connect, plus: up to 50 Enquiries per month; Opportunity Listings (post an Opportunity and let Talent come to you); acta Recommends (curated matches from our team); 5 seats. Additional seats $40 per month each.
Enterprise - by application only (clause 7.10). Includes everything in Attract, plus: unlimited seats; unlimited Enquiries, which remain subject to screening under clause 9.5; a dedicated account manager; and the Retention Trust Account service (clause 7.11), provided under a separate Retention Trust Account Agreement at no additional charge. Pricing on application.
Annual billing. Where a Subscription is taken on a 12-month committed term and the full term is paid in advance, a discount of 10% applies to the monthly rate for that tier. The amounts payable for a 12-month term paid in advance are: Brainstorm $1,068; Connect $3,228; Attract $5,388. Annual billing is not available on the Enterprise tier, where pricing is agreed on application. All amounts are exclusive of GST.
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