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Studio Scout Terms & Conditions
Welcome to the website (including any features) (“Website”) of Studio Scout Pty Ltd ACN 651 979 289, its subsidiaries, affiliates and related entities (together as “Studio Scout”, “we” or “us”).
Any reference to “you”, “your” and “yourself” refers to any user of the Studio Scout Website and includes Hosts and Guests.
The material on the Website is copyright © 2021 Studio Scout or other copyright owners, used by Studio Scout under licence.
Studio Scout does not own any of the Locations listed on the Website. Studio Scout is a peer-to-peer facilitator and is not a party to any agreement which may be entered into between Hosts and Guests.
By accessing, browsing or using the Website, making a Booking, listing a Location on the Website or creating a User Account, you agree to be legally bound by these Terms and Conditions, as may be updated by us from time to time without notice to you. We reserve the right to change these Terms and Conditions without notice to you and without explanation or justification. You should regularly check our Website to take notice of any changes we may.
The following words have the corresponding meanings within these Terms and Conditions:
- You must only use the Website in accordance with these Terms and Conditions and any applicable law.
- You must not misuse this Website. Accordingly, through your access or use of the Website, you will not:
- Breaching this clause would constitute a criminal offence, and we will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
- We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any Linked Sites.
- Access and use of the Website are permitted on a temporary basis, and we reserve the right to withdraw, restrict or amend the Website without notice. Also, we may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.
- We do not warrant, guarantee, or make any representation that:
- the Website or the server that makes the Website available on the internet are free of software viruses;
- the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
- errors and defects in the Website will be corrected.
- e. We are not liable to you for:
- errors or omissions in the Website, or Linked Sites on the internet;
- delays to, interruptions of or cessation of the services provided on the Website, or Linked Sites; and
- defamatory, offensive, or illegal conduct of any user of the Website, whether caused through our negligence or the negligence of our employees, independent contractors, or agents, or through any other cause.
- You agree to indemnify, defend, and hold harmless Studio Scout, its directors, officers, employees, consultants, agents, and affiliates, from any and all third-party claims, liability, damages and/or costs (including, but not limited to, legal fees on an indemnity basis) arising from your use (or misuse) of this Website or your breach of the Terms and Conditions.
- You must be at least eighteen (18) years of age and have the capacity to enter into a legally binding agreement with us in order to access or use this Website and the services. If you are under eighteen (18) years of age, you may only access or use this Website and the services with the involvement and consent of a parent or guardian.
- You are responsible for any access or data fees incurred from third parties (such as your internet provider or mobile carrier) in connection with your use and viewing of our Website.
- To access and use some Website features, including listing a Location and making a Booking Request, you are required to register a User Account with us.
- You may apply to create a User Account. A user is responsible for providing information to Studio Scout for their User Account, including maintaining that information in an accurate and up-to-date form throughout the access and use of the Website.
- A User Account is unique to the User. A user must not and agrees not to use the User Account of another user or third-party or purchase or sell its User Account.
- You are responsible for:
- the confidentiality of your User Account;
- the login information and passwords of your User Account; and
- all activity and use of your User Account, including by any third parties and whether or not with your consent or authorised by you.
- You agree to immediately notify us if you become aware of any unauthorised activity, use, or security breach concerning your User Account.
- Studio Scout is not liable for any Loss or liability due to a person accessing or using, with or without your knowledge, authorisation or consent, the Website, your User Account, including your personal and login information.
- You agree to hold Studio Scout harmless from and indemnify Studio Scout against all Claims, Loss or liabilities that may arise from a person or third-party’s access or use of the Website, your User Account, and your personal information, whether with or without your knowledge, authorisation or consent.
- You understand that Studio Scout may not back-up or store a copy of your User Account or your User Content. We are not required or under any obligation to retain or keep a copy of a User’s Account, User Content, and any data or information supplied to us during the provision of the Website. You accept that it is your full responsibility to back-up and safely store all User Account and User Content data and any data or information that you acquire, exchange, upload, submit or access during your access and use of the Website.
- You agree and acknowledge that Studio Scout may use your personal information to send you messages containing important information about your User Account and requested notification preferences chosen within the Website. These messages are an important part of our Website and your access and use of it, which will be sent to you as long as you hold a User Account with Studio Scout.
- Studio Scout allows its users to submit and upload User Content to the Website from time-to-time.
- You are solely responsible for the User Content that you submit or upload to the Website and the reliance on or use of User Content of other users and third parties, including all legal or other consequences of uploading, publishing, and disseminating the User Content.
- You accept that you may receive or view the User Content from other users and third parties, including content or unverified, inaccurate or offensive information. You acknowledge that Studio Scout cannot guarantee the quality of the User Content uploaded to the Website by its users and third parties.
- You agree that Studio Scout is not responsible or liable for:
- any User Content provided by its users, including any matters in connection with or arising from User Content; and
- monitoring, verifying, or confirming in any way the accuracy, truthfulness or factual nature of any User Content; and
- monitoring, managing, and removing any User Content that may be deemed inaccurate, fictitious, derogatory, or offensive.
- If Studio Scout elects, in its sole discretion to do so, to accept and upload User Content, then Studio Scout assumes no responsibility for the information and content of the User Content, and it assumes no obligation to take action against any unverified, inaccurate, derogatory or offensive content that may arise from that User Content.
- Studio Scout does not endorse or provide any warranties or representations, in any way, in respect of User Content or content of a third-party.
- Studio Scout may request that a user deletes, edits, removes, or amends their User Content for any reason. In its sole discretion, Studio Scout reserves the right to remove, amend or edit any User Content at any time without consent and for any reason.
- You must not reuse, edit, or deal with the User Content of any other user or third-party, including sharing or distributing without consent. You accept that the User Content of another user is owned by that user and is subject to the licence between Studio Scout and that user in respect of their User Content.
- Guests will be automatically charged when they make a Booking reservation.
- A Guest’s Booking fee will depend on the type Booking option they choose when they make a Booking.
- If we learn of any error in the charging of fees, then we may correct the error or update any information at any time and without notice.
- Additional services provided at the Location may be added to the Booking Total when a Guest makes a Booking Request.
- The Booking Total can not be increased after the Host has approved the Booking Request and the Booking Total has been paid.
- Before Guests make a Booking, they must adhere to all instructions provided on the Website regarding how you can make or amend a Booking.
- Unless otherwise agreed or stated, all amounts payable are expressed on the Website as exclusive of Goods and Services Tax (“GST”) and are in Australian Dollars (“AUD”).
- Irrespective of any previous price that has been displayed, shown, or told on the Website, the price expressly stated when making a Booking is the price that you must pay and which is exclusive of GST and any Payment Method providers fees and charges, and includes any other fees and charges that you are liable to pay (“Booking Total”).
- Full payment of the Booking Total is required at the time of making a Booking and by the payment methods that we accept as stated on the Website (“Payment Method”). You are liable to pay for any Payment Method provider fees and charges associated with your Booking, including payment processing fees.
- Payment Method providers may be third-party organisations not affiliated with Studio Scout. Studio Scout has no control or management over their activities or handling of your payment information. You agree to hold Studio Scout harmless of any issue, Claim or action that may arise between you and a Payment Method provider in connection with your Booking.
- You authorise us to charge any Payment Method associated with your Account in case your primary Payment Method is declined or no longer available to us for payment of your Booking.
- You remain responsible for any uncollected amounts. If payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your Booking, we may suspend your access to our Website and the Booking services until we have successfully charged a valid Payment Method.
- When you have placed a Booking, you may receive an acknowledgement email confirming receipt of your Booking. This email will only be an acknowledgement and will not constitute acceptance of your Booking. A contract between us will not be formed until we receive payment from you and have sent you confirmation by email that the Booking which you ordered has been confirmed. Only the Booking listed in the confirmation email sent at the time of placing an order will be included in the contract formed.
- We are not responsible for the decisions of any Payment Method provider as to whether they allow you to use their service. We do not provide any warranties or assurances about any Payment Method provider. If a particular service is not available to you, you should use another valid Payment Method to complete the Booking payment.
- All duties, customs fees, levies, or taxes (other than income tax) associated with a purchase or sale, where applicable, are your responsibility and may be imposed on your Booking. All fees and charges associated with a Payment Method provider are your responsibility. Check with your Payment Method provider for details.
- You acknowledge and agree that it is your own risk if international fees or charges or currency conversion fees come as a result of making any payment. We are not responsible for any international fees, charges or currency conversion fees and you indemnify us of such fees and expenses if incurred.
- Bookings Errors
- If an error occurs concerning a Booking, then we will notify you and provide you with the option of either reconfirming the Booking at the corrected price or cancelling the Booking.
- If we cannot contact you, we will take reasonable steps to either cancel or hold the Booking at our discretion.
- Guests do not have a licence to stay at the Location for longer than the end time of the Booking.
- If a Guest stays beyond the agreed end time of the Booking without the Host’s consent, the Host is legally entitled to remove that Guest from the Location.
- If a Guest has overstayed at a Location beyond the agreed end time of the Booking without the Host’s consent, the Host can request Studio Scout charge the Guest reasonable additional fees or damages (“Overstay Charges”) as compensation.
- It is up to Studio Scout at its sole direction as to whether a Guest will be charged these Overstay Charges.
- These Overstay Charges are set by and payable to Studio Scout.
- We recommend Hosts that are aggrieved with Guests that have refused to leave the Location visit Studio Scout’s dispute policy here: studioscout.co/disputepolicy
- Guests are responsible for their own acts and omissions as well as the acts and omissions of anyone they invite to join them at the Location.
- Guests are responsible for leaving the Location in the condition it was in when they arrived.
- When at the premises, Guests must treat others with respect and comply with any applicable laws.
- Guests must not breach any applicable laws or infringe on any other person’s rights while at the Location.
- Hosts agree to ensure that their Listing includes up-to-date information and is complete and has information about the Booking Total, other charges and any rules or requirements that apply to any Guest who visits the Location.
- Hosts are solely responsible for the Location and its appropriateness for any intended use by Guests.
- Hosts are solely responsible for keeping the Listing information and content (such as photos) up to date and accurate at all times.
- Hosts agree that they are solely responsible for any laws, either common law or statutory, rules, regulations and third-party contracts and agreements which may apply to the Location. This includes, but are not limited to, landlord, lease and homeowner rules which restrict or prohibit subletting, preparing food, serving alcohol, building and animal regulations and health and safety requirements.
- Hosts agree that they are solely responsible for maintaining the Location so that Guests can use them in accordance with the Booking. The Location must be clean and safe for Guests to use.
- Hosts agree that they have the legal authority and are authorised (if there is an owner of the Location) to list the Location on Studio Scout and enter into this Agreement.
- Hosts should seek legal advice if they have questions about complying with local laws.
Guest Cancellation Policy
- Guests are entitled to a full refund of the Booking Total provided that the Guest cancels the Booking within twenty-four (24) hours of making the Booking. This clause does not apply if a Guest is attempting to cancel a Booking less than forty-eight (48) hours prior to the Booking commencement time.
- If Guests cancel a Booking up until seven (7) days before the Booking commencement time, they are entitled to a full refund of the Booking Total minus any administrative or processing fee we may charge.
- If Guests cancel a Booking between seven (7) days and forty-eight (48) hours before the Booking commencement time, they are entitled to a fifty percent (50%) refund of the Booking Total minus any administrative or processing fee we may charge.
- Guests are not entitled to cancel a Booking less than forty-eight (48) hours before the Booking commencement time.
Host Cancellation Policy
- Guests are entitled to a full refund of the Booking Total if a Host cancels a Booking.
- Hosts that cancel a Booking up until seven (7) days before the Booking commencement time must pay a penalty to Studio Scout of ten per cent (10%) of the Booking Total.
- Hosts that cancel a Booking between seven (7) days and forty-eight (48) hours before the Booking commencement time must pay a penalty to Studio Scout of fifty per cent (50%) of the Booking Total.
- Hosts that cancel a Booking less than forty-eight (48) hours before the Booking commencement time must pay a penalty to Studio Scout of the full amount of the Booking Total.
Studio Scout Cancellation Policy
- Studio Scout may, at any time and at its sole direction, cancel a Booking.
- If Studio Scout cancels a Booking, cancellation will given to the Host and/or Guest via email. Depending on the circumstances, Studio Scout may call a Host and/or Guest to inform them of the Booking cancellation.
- If Studio Scout cancels a Booking, refunds may be granted. These refunds will depend on the circumstances of the cancellation and are at Studio Scout’s sole discretion.
- Host Insurance Policy
- Hosts are required to take out and keep current insurance policies required by statute.
- Upon request by Studio Scout, a Host must provide evidence of its insurance coverage to Studio Scout.
Guest Insurance Policy
- Guests may be are required to take out and keep current insurance policies required by statute. This includes a minimum of $5 million in public liability insurance.
- Upon request by Studio Scout, a Guest must provide evidence of its insurance coverage to Studio Scout.
- Users & Hosts can reschedule bookings if agreed upon by Studio Scout, the Host & User. Rescheduling a booking may incur additional administration fees. Rescheduled bookings have to be:
- For the same or more duration as the original Booking, according to the Host’s approval;
- Confirmed prior to the original Start Time;
- Rescheduled for a time within 90 days of the original Start Time; and
- Only rescheduled once
- In some circumstances, Studio Scout will permit a Host or Guest to cancel a Booking without incurring a penalty (“Permitted Cancellations”).
- It is up to Studio Scout in its sole discretion to permit Hosts or Guests to cancel a Booking in accordance with this clause 15.
- Studio Scout is not obligated to provide any reasoning for granting or refusing to grant a cancellation under this clause 15.
- Without limiting the grounds which Studio Scout can grant a Permitted Cancellation, the following circumstances or events may be reasons for a Permitted Cancellation:
- serious illness or serious injury including treatment in an emergency room, hospitalisation, surgical care or post-operative care of a Guest, Host or an immediate family member of a Guest or Host;
- death of a Guest, Host or an immediate family member of a Guest or Host;
- acts of God, including storms or cyclones, the action of the elements, epidemics, landslides, earthquakes, floods, fire, road or rail closures due to washouts or impassability and natural disasters which impacts the use of the Location;
- property damage or important maintenance which impacts the use of the Location;
- any shutdown or interruption of the Location which is validly required or directed by the Commonwealth or State government or any governmental agency which is not due to the act or default of the Host and which the Host is not reasonably able to prevent or overcome, or the effects of which the Host is not reasonably able to predict and take measures to avoid, by the exercise of reasonable technical and commercial diligence and prudence;
- the refusal of or delay in obtaining any necessary consents from any government agency regarding use of the Location provided that the Host has acted in a timely manner in endeavouring to secure them;
- the adverse application of any Australian laws or enforcement actions of any Commonwealth or State court or governmental agency not resulting from any wrongful act or omission of the Host. For the avoidance of any doubt, this includes mandated State or Federal lock-downs or stay at home orders;
- riots, malicious damage, sabotage, and civil disturbance; and
- accident (including accidental emissions of pollutants or hazardous substances), fire, explosion, radioactive contamination and toxic or dangerous chemical contamination that affects the safe use of the Location and which the Host is not reasonably able to prevent or overcome, or the effects of which the Host is not reasonably able to predict and take measures to avoid, by the exercise of reasonable technical and commercial diligence and prudence.
- Guests are permitted to review their experience with the Location and Hosts and Hosts are permitted to review their experience with Guests.
- When leaving a review, you agree to be truthful and honest. If, at Studio Scout’s sole discretion, your review is untruthful, dishonest, inappropriate or offensive, Studio Scout may modify, deleted and/or prevent you from posting other reviews.
- Studio Scout is not responsible for any reviews left by Guests or Hosts.
- Collection of Imagery & Videography
- By listing a Location on the Website, Hosts agree to allow Guests to:
- make images and recordings, whether sound, digital or otherwise;
- use, publish or reproduce the images and recordings in any form (in whole or in part) and by any medium, including but not limited to paper-based media, social media posts, videos, television advertisements, promotional videos, websites or any other multi-media, for any purpose including but not limited to promotions, commercial and advertising purposes;
- retain or store the images and recordings in hardcopy or digitally, including but not limited to depositing the images and recordings on computers or within cloud-based storage providers and in hardcopy.
- Hosts agree that:
- the rights granted to Guests under this are perpetual; and
- Guests own the copyright in the images and recordings.
Host & Guest Disputes
- Studio Scout encourages Guests and Hosts to resolve any disputes that may arise between them in good faith.
- In the event that a dispute between a Guest and Host cannot be resolved between the parties themselves, the parties to the dispute may resolve the dispute in any manner agreeable to the parties to the dispute.
- Studio Scout may assist in resolving a dispute but has no obligation either contractual or otherwise to facilitate or force a resolution on the parties.
- Australian Consumer Law & Limitations on our Liability
- Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law (“ACL”). Our liability for failure to comply with a consumer guarantee is limited to:
- in the case of goods supplied by us, the replacement of the goods or the supply of equivalent goods (or the payment of the cost of the replacement or supply), or the repair of the goods (or the payment of the cost of the repair); and
- in the case of services supplied by us, the supply of the services again or the payment of the cost to you of having the services supplied again.
- Subject to the prior, no attempt is made to exclude or limit liability arising under the ACL to the extent that there is a statutory restriction on such exclusion or limitation and to the extent allowed by section 139A of the Competition and Consumer Act 2010 (Cth) (“CCA”) to exclude or modify our liability to you for death or injury from our failure to comply with the ACL guarantees. This exclusion does not apply if your death or injury is caused by our “reckless conduct” (as defined in the CCA).
- In all other respects, our total liability for loss or damage of every kind, whether:
- arising pursuant to the terms of service; or
- arising in any other way out of or in relation to the supply of the goods, their sale, delivery, or the way they behave, and whether in tort or contract or in any other cause of action, is limited to a total aggregate amount equivalent to the sum paid by you to us for the goods or services.
- Except in relation to liability for personal injury (including sickness and death), and except as otherwise stipulated in these Terms and Conditions, we do not accept liability to you in respect of any indirect or special loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these Terms and Conditions.
- We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, pandemics, natural disasters, acts of terrorism, failure of any telecommunications or computer system, riots, lock-out or lockdown, revolution, civil commotion, epidemic, accident, industrial action, and action or inaction by a government agency, or by any damage caused by any of such events.
- We have no liability to the extent that a failure of the goods is attributable to any act or omission on your part.
- To the maximum extent permitted by law, all express or implied guarantees, warranties, representations, or other terms and conditions or which could otherwise be implied into these Terms and Conditions are excluded, including the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website or of any Linked Sites and the merchantability or fitness for any particular purpose for any service or good contained or referred to on the Website or any Linked Sites.
- To the maximum extent permitted by law, we will not be held liable for, and no measure of damages will, under any circumstance, include special, indirect, consequential, incidental or punitive damages, or damages for loss of profits, revenue, goodwill, anticipated savings or loss, or data corruption, whether in contract, tort, negligence, in equity, under statute, under an indemnity, based on fundamental breach or breach of a fundamental term or on any other basis, whether or not such loss or damage was foreseeable and even if advised of the possibility of the loss or damage.
- You agree that we will not be liable to you or any person that purchased goods and services through our subscription from a partner for any loss of life, personal injury, or damage to or loss of property which may be suffered or sustained for any cause whatsoever, save where any such death, injury or damage results from a negligent act or omission by us.
Intellectual Property, Software & Content
- The intellectual property rights in all software and content (including photographic images, specifications, and design of the goods) made available to you on or through this Website remain the property of Website Owner or its licensors and are protected by copyright laws and treaties around the world. We reserve all of our rights and the rights of our licensors.
- Despite the above restrictions on the use of the material on the Website, you may download material from the Website for your personal non-commercial use, provided you do not remove any copyright and trademark notices contained on the material.
- You are not allowed to use our logo or any brand of trade mark (or any marks which are similar in nature) without our prior written consent.
- You may not modify or copy:
- the layout of the Website; or
- any computer software and code contained in the Website.
- We reserve all intellectual property rights, including, but not limited to, copyright in material or services provided by it. The material provided on the Website is supplied for personal use only and may not be:
- re-sold or re-distributed in any material form;
- stored in any storage media; or
- re-transmitted in any media, without our prior written consent
- You may link to our Website home page, provided you do so in a non-commercial, fair and legal way and does not damage our reputation or take advantage of it. Still, you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that you do not own. This Website must not be framed on any other site, nor can you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
- Except where expressly stated to the contrary all persons (including their names and images), third-party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with us and you should not rely on the existence of such a connection or affiliation. Where a trade mark or brand name is referred to it is used solely to describe or identify the goods and services and is in no way an assertion that such goods or services are endorsed by or connected to us. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain our written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.
- We and any people or legal entities authorised by us may gather and process the personal information:
- which you may provide when accessing the Website, such as your name, address, email address and other personal information about you; and
- regarding how you use the Website, including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
- We may authorise others to offer you goods and services using the information that we have collected.
- There is no method of transmission over the internet or through electronic storage through our engaged providers that is fully secure. We cannot guarantee the security of your personal information. If we are required by law to inform you of any unauthorised access, use, or disclosure of your personal information, then we will notify you electronically, in writing or by telephone (if required and permitted to do so by law).
- Our Website does not necessarily use encryption or other technologies to ensure the secure transmission of information via the internet. Anyone using our Website is encouraged to exercise care in sending personal information via the internet.
Third-Party Linked Sites & Information on the Website
- This Website contains links to sites on the internet owned and operated by third parties and which are not under our control (“Linked Sites”). In relation to the other sites on the internet, which are linked to the Website, we:
- provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the Linked Site; and
- is not responsible for the material contained on those Linked Sites.
- The information, content and goods contained on this Website is general information only and have been either supplied by us, third-party merchants, suppliers or manufacturers. While reasonable efforts have been made to ensure the information and goods are accurate when displaying on the Website, this may no longer be the case. Various aspects of the information and content displayed on the Website, the products and goods displayed on the Website, and the Website itself, may have changed or may change in the future.
- Subject to any non-excludable consumer guarantees and other consumer protection provisions set out in the ACL, the material displayed on this Website is provided without any guarantees, conditions, or warranties as to its accuracy.
- We may make the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability, or timeliness or otherwise, of the information contained on the Website or Linked Sites on the internet. You should not rely on this information or content in entering (or not entering) into any contract or Booking, and any prospective purchasers should make their own enquiries and obtain independent advice.
- All images, videos, renders, or goods and services instructions are indicative only and may not be an exact representation of the products and goods received or the services supplied. The products, goods and services may differ to some extent in visual appearance from the way that they appear and are displayed on the Website. To the extent permitted by law, we disclaim all liability for any inaccuracy or errors in the information provided, supplied to us or by these third parties, and we are not liable and cannot be held responsible for any loss or damage whatsoever arising out of or in connection with the use of or reliance on the information or content on the Website.
- Entire agreement: Unless expressly stated by us, these Terms and Conditions constitute the parties’ entire agreement and supersede any and all preceding and contemporaneous agreements between you and us or any prior Terms and Conditions published on the Website.
- Variation: We have the right, in our absolute discretion at any time and without notice to you, to amend, remove or vary these Terms and Conditions or any page of this Website.
- Invalidity: If any part of these Terms and Conditions is found to be void, unlawful, or unenforceable, then that part will be deemed to be severable from the balance of these Terms and Conditions, and the severed part will not affect the validity and enforceability of any remaining provisions. Alternatively, you agree that the clause must be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
- Waiver: Any waiver of any provision of the Terms and Conditions will be effective only if in writing and signed by us. Without limiting the preceding, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
- Assignment & Change of Control: You may not assign or delegate or otherwise deal with all or any of your rights or obligations under these Terms and Conditions. We are entitled to and may, from time-to-time in our discretion, do any of the following:
- sell all, or part of, itself, or its assets (including any Intellectual Property, Accounts and Orders); or
- change, or vary, in any way our legal or corporate structure and/or the legal or beneficial ownership of the shares, without notice or your prior agreement and for any purpose that we deem necessary, or that we require or for the sake of convenience, and without any reason.
- Notices: Unless otherwise stated within these Terms and Conditions, a notice or other communication connected with these Terms and Conditions has no legal effect unless it is in writing. In addition to any other service method provided by law, the notice may be sent by us to you using your last notified email address or by you to us at our registered office.
- Governing Law: These Terms and Conditions will be governed by and interpreted in accordance with the law of Queensland of Australia, without giving effect to any principles of conflicts of laws. You agree to the exclusive jurisdiction of the courts of Queensland of Australia to determine any dispute arising out of these Terms and Conditions.
Attention: Privacy Officer
Telephone: 0421 578 330
Studio Scout Pty Ltd ACN 651 979 289, its subsidiaries, affiliates and related entities (together as “Studio Scout”, “we” or “us”) are committed to protecting and managing personal information in accordance with the Australian Privacy Principles (APPs) established under the Privacy Act 1988 (Cth) (Privacy Act) and in accordance with other applicable privacy laws.
The APPs provide a privacy protection framework that supports the rights and obligations of collecting, holding, using, accessing and correcting personal information. The APPs consist of 13 principle-based laws and apply equally to paper-based and digital environments.
Broadly speaking, when we are referring to personal information, we are referring to information or an opinion about you, or information that is reasonably recognisable as you. It includes information or an opinion that may or may not be accurate and recorded in a hardcopy or electronic form.
When we refer to sensitive information, we are referring to certain personal information that is more sensitive and may include health information or details of memberships of professional associations. Under the APPs, sensitive information is afforded a higher level of privacy protection and requires us to obtain your consent before collecting this type of information.
About Studio Scout
Studio Scout is an Australian based business and offers a range of services in the creative technology industry. Studio Scout is a peer to peer online marketplace offering on behalf of the occupiers on-demand real life spaces to rent by the hour for photoshoots and creative productions. Studio Scout offers its services through its website (Website) and related social media channels. Studio Scout may also conduct research and development initiatives and provide access to other service providers and applications.
Studio Scout is not liable and disclaims all liability for its customers use of any premises or location they book through Studio Scout. Please refer to our disclaimer for further information, that is accessible at http://www.studioscout.co/disclaimer.
What information do we collect about you?
When you enquire about our services or become a customer of Studio Scout, a record is made that includes your personal information.
The types of information that we collect will vary depending on the circumstances of collection and the kind of service that you request from us, and may likely include:
- Contact Information & Personal Data: your name, date of birth, age, gender, address, email address, and telephone details.
- Payment Details: your credit card, bank account details, and billing information to complete purchases.
- Photographs & Videos: any pictures, videos, sound recordings and other audio-visual recordings that you provide to us, or authorise us to take of you.
- Social Media Accounts & Handles: your social media accounts, handles, and other personal websites and profiles.
- Geo-Location & Locality Information: when you interact with us, we may collect your current or last known location used to determine your locality from other individuals. We may achieve this through various methods, including collecting your Wi-fi, Guidance Positioning System (GPS), Cellular or other technology in your electronic device or web browser.
- Cookies & Other Browser or Device Information: your session cookies and persistent cookies when you visit our website, your device type, browser type, Internet Protocol (IP) address, your URL information, the date and time (including time zone) of your visit, the pages you have accessed on our websites and third party websites, your software and hardware information concerning your mobile device or computer. Cookies that we place may be removed by following instructions that are provided by your browser.
- Employment Information: We collect personal information when recruiting personnel, such as your name, contact details, qualifications and work history. Generally, we will collect this information directly from you. We may also collect personal information from third parties in ways which you would expect (for example, from recruitment agencies or referees you have nominated). Before offering you a position, we may collect additional details such as your tax file number and superannuation information and other information necessary to conduct background checks to determine your suitability for certain positions (for example, positions which involve working with children).
- Other Information: any other administrative and additional information that you provide to us, or authorise us to collect, as a part of your interaction with Studio Scout.
Studio Scout may collect personal information about other individuals who are not customers of Studio Scout. This includes customers and members of the public who participate in events we are involved with, individual service providers and contractors to Studio Scout, and other individuals who interact with us on a commercial basis. The kinds of personal information we collect will depend on the capacity in which you are dealing with Studio Scout. Generally, it would include your name, contact details, and information regarding our interactions and transactions with you.
If you are participating in an event we are managing or delivering, we may take images or audio-visual recordings which identify you.
You can always decline to give Studio Scout any personal information we request, but that may mean we cannot provide you with some or all of the services you have requested. If you have any concerns about the personal information we have requested, please let us know.
How and why do we collect and use your personal information?
Studio Scout collects personal information reasonably necessary to carry out our business, assess and manage our customers’ needs, and provide our services. We may also collect information to fulfil administrative functions associated with these services, for example billing, entering into contracts with you or third parties and managing customer relationships.
Studio Scout generally collects personal information directly from you. We may collect your personal information over the phone, by email, through our website or mobile sites, over the internet or when you visit one of our social media sits (such as Facebook, Twitter or Instagram) or when you visit our office in person.
We may also collect personal information about you from other sources, for example:
- an authorised person acting on your behalf;
- our affiliated and related entities;
- occupiers of spaces, premises or locations;
- third-party agents, suppliers and contractors who assist us in operating our business;
- recruitment service providers and any referees provided on employment applications;
- payment and debit service providers processing and managing the transaction on our behalf; and
- your family and friends through any marketing or promotional activity that we conduct.
We may receive information about you that we have taken no active step to collect. If this does occur, we recommend contacting us and asking for the personal information to be de-identified or destroyed.
The purposes for which Studio Scout usually collects and uses personal information depends on the nature of your interaction with us, but may include:
- communicating with you confirming your identity;
- responding to requests for information, complaints and enquiries; administrative, management and operational purposes;
- informing you about our business offerings, news, updates, direct marketing material, activities, facilities, services and events; managing, planning, advertising and administering programs, events, competitions and performances;
- researching, developing and expanding our facilities or services;
- recruitment processes (including for volunteers, internships and work experience);
- taking photographs, videos or other audio-visual recordings of you for testimonial, marketing or other promotional purposes;
- market research purposes and to improve our business offerings;
- through surveillance and security cameras that capture your image;
- processing your purchases, orders, transactions or sales, including the processing of payments, arranging shipping and providing you with tax invoices or order confirmations;
- for any other purposes (including secondary purposes) that you would reasonably expect; and
- to enable us to comply with our obligations under the law.
You can always decline to give us your personal information, but that may mean that we cannot provide you with some or all of the services you have requested.
Who do we disclose your personal information to?
During the conduct of our business, we may use and disclose your personal information to the following parties:
- our affiliated and related entities;
- our engaged contractors, agents, suppliers who assist us in operating our business;
- commercial partners under an agreed information sharing arrangement;
- payment and debit service providers and processors;
- occupiers of spaces, premises or locations;
- third party website service providers and website plugin or widget service providers;
- our third-party e-commerce platform service providers engaged in offering our range of services to you for purchase;
- our professional advisors, such as our lawyers, accountants and financial advisors;
- relevant courts, tribunals or regulatory authorities and law enforcement bodies;
- anyone else to whom you authorise us to disclose your information or that would be reasonably expected;
- and other companies or individuals as necessary to enable us to provide you with our services.
Studio Scout may also use Google Analytics to help us understand how our customers and clients use our platforms and services. You can read more about how Google uses your personal information via https://www.google.com/intl/en/policies/privacy/. You may also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Do we disclose personal information to overseas recipients?
Your personal information may be transferred to recipients located in countries that have data protection laws which protect personal information in a way which is at least substantially similar to the APPs. Accordingly, there may be mechanisms available to you to enforce the protection of your personal information under that overseas law. In the circumstances, we do not require the overseas recipients to comply with the APPs, and we will not be liable for a breach of the APPs if your personal information is mishandled. We also disclaim responsibility to the extent permitted by law and note that you may not have a remedy under Australian law.
Do we use or disclose your personal information for direct marketing?
Studio Scout may use or disclose your personal information to inform you about our services, upcoming promotions and events, or other opportunities that may interest you. If you do not want to receive direct marketing communications, you can opt-out at any time by contacting us using the contact details below.
If you opt-out of receiving marketing material from us, we may still contact you concerning any ongoing relationship with you.
How do we hold, store and secure your personal information?
Studio Scout takes reasonable steps to protect your personal information from misuse, interference and loss and from unauthorised access, modification or disclosure. For example, we may maintain computer and network security, use firewalls and other security methods and other security systems such as user identifiers and passwords to control access to our computer systems.
Please be aware that there is no transmission method over the internet or through electronic storage that is fully secure and safe. We cannot guarantee the security of your personal information that we hold, but we do take reasonable steps to protect your information. If we are required by law to inform you of any misuse, interference, loss or unauthorised of your personal information, then we will notify you electronically, in writing or by telephone.
Our websites, applications or email systems may not use encryption or other technologies to ensure the secure transmission and receipt of information via the internet. Anyone using our website or receiving an email from us is encouraged to exercise care in sending personal information or depositing money via the internet. We recommend that you refrain from clicking any unsecured links or opening unknown attachments.
If you hold any concerns or become suspicious of any misuse, interference, loss or unauthorised access to our website, our email systems or to our business more generally, we ask that you contact us immediately to verify your concern or suspicion.
Studio Scout hold and store your personal information in paper-based files, other electronic record keeping methods in secure databases (including trusted third party storage providers based in Australia and overseas), which may include cloud-based storage providers.
- Paper-based Storage: Personal information may be collected in paper-based documents and converted to electronic form for use or storage (with the original paper-based documents either archived or securely destroyed).
- Electronic Storage: Your personal information is usually collected in electronic form.
- Third-Party Storage: Your personal information may be collected in electronic form for use or storage with a third-party storage provider that we engage.
We cannot ensure that your personal information is or will remain secure. This is due to us not having control over the third-party provider’s policies and procedures concerning the handling and storing your personal information.
What are the choices that you can make about your personal information?
At any time, you can request us to:
- delete or destroy your personal information;
- de-identify your personal information;
- access or correct your personal information;
- provide you with a copy of your personal information.
Please understand that we may not be able to entertain your request if it is unlawful to do so or is otherwise impractical or unreasonable to do so in our discretion.
Delete or destroy your personal information
Until you request for it to be deleted or destroyed, your personal information is kept by us for as long as necessary to provide our services to you and for legitimate and essential business purposes, such as complying with our legal obligations or settling disputes. This means that your personal information can be held for some time.
Remaining Anonymous & De-Identification
Studio Scout may require you to provide specific details and information to enable us to provide our services to you. We try to allow you to stay anonymous or use a pseudonym in your dealings with us where it is lawful and practicable to do so. For example, when making a general and nonspecific enquiry. Typically, it is not possible for us to deal with you anonymously or pseudonymously on an ongoing basis. If we do not collect your personal information, you may not be able to utilise our services, deal with us or participate in our events, programs or activities we manage or deliver.
Accessing or correcting your personal information
You are entitled to access or request a copy of your personal information held by us by sending us a request. You will not be charged for requesting to access or copy your personal information, but you may be charged for the reasonable time and expense incurred in compiling the information.
You are responsible for ensuring that your personal information with us is accurate and up to date. We take steps to ensure that the personal information we collect, use or disclose is accurate and up to date. You can help us do this by letting us know if you notice errors, inaccuracies or discrepancies in the information we hold about you and letting us know if your details change.
We may decline your request to access or correct your personal information in accordance with the APPs. If we refuse your request, we will provide you with a reason for our decision and, in the case of a request for correction, we will include a statement with your personal information about the requested correction.
Does the European Union General Data Protection Regulation apply to us?
The European Union (EU) General Data Protection Regulation (GDPR) contains new data protection requirements and is effective as of 25 May 2018. GDPR replaces national privacy and security laws that previously existed within the EU with a single, comprehensive EU-wide law that governs the use, sharing, transferring and processing of any personal data that originates from the EU. The GDPR applies to the data processing activities of businesses, regardless of size, that are data processors or controllers with an establishment in the EU.
Consequently, Australian businesses of any shape and size may need to comply if they have an establishment in the EU, if they offer goods and services in the EU, or if they monitor the behaviour of individuals in the EU. There are also some notable differences, including certain rights of individuals (such as the ‘right to be forgotten’) which do not have an equivalent right under the APPs and the Privacy Act.
Currently, the GDPR does not apply to our business as Studio Scout does not currently offer our services to individuals located in Europe, our website does not explicitly target customers located in the EU nor do we monitor the behaviour of individuals in the EU.
What should you do if you have a complaint about the handling of your personal information?
Complaint handling process
Our Privacy Officer will first consider your complaint to determine whether there are simple or immediate steps that can be taken to resolve the complaint. We will contact you within thirty (30) days of the date we receive the written details of your complaint to acknowledge that we have received it. We may ask you to provide further information about your complaint and the outcome you are seeking.
Our privacy officer will review the way we dealt with your personal information, conduct an internal investigation (if necessary) into the complaint and will likely respond to you within thirty (30) days of the date we acknowledged receipt of your complaint. We will then typically gather relevant facts, locate and review relevant documents and speak with individuals involved.
In most cases, we will investigate and respond to a complaint within sixty (60) days of receipt of the complaint. If the matter is more complex or our investigation takes longer than anticipated, we will let you know.
If you are not satisfied with our response to your complaint, or you consider that Studio Scout may have breached the APPs or the Privacy Act, a complaint may be made to the Office of the Australian Information Commissioner (OAIC). The OAIC can be contacted by telephone on 1300 363 992 or by using the contact details on the website www.oaic.gov.au.
Our contact information
Attention: Privacy Officer
Telephone: 0421 578 330