Last updated: 01 December 2008
The following Terms and Conditions of Use govern Your use of this site and its services. For Your own sake we recommend that You read through this document in its entirety before using any of the services or products featured on this website.| 1: | Introduction |
| 2: | Accepting |
| 3: | Terminology |
| 4: | Nature of service |
| 5: | Registration |
| 6: | Account |
| 7: | Ownership |
| i) | Member submitted images |
| ii) | Other by user submitted content |
| ii) | Website |
| 8: | Disclaimer |
| 9: | Payment |
| 10: | Indemnification |
| 11: | Refund |
| 12: | Termination |
| 13: | Force majeure |
| 14: | Links to 3rd party sites |
| 15: | Modifications to agreement |
| 1: | Introduction |
| These terms and conditions of use constitute a legal agreement between You ("User" or "Member" or "student") and spotlightagency.co.za ("We", "Our", "Us" or "SLA") for use of the services and products provided on the spotlightagency.co.za website. SLA provides this service to You with the following terms and conditions which may be updated as we see necessary. Please read this agreement carefully before signing up as a member or continuing to use this website, as this agreement is intended to protect You, spotlightagency.co.za and all other parties involved, and make spotlightagency.co.za safe for all users.top↑ | |
| 2: | Accepting |
| The use of this website is subject to Your unconditional acceptance of the terms, conditions and regulations contained within this document and any other guidelines or rules applicable to this website. By using this website You agree to be bound by the terms and conditions of this agreement. If You do not agree, do not check the box indicating agreement. To use this site tick the box and in so doing accept all terms and conditions. These Terms and Conditions of Use may be updated from time to time with or without notice, as detailed in the section 14. Modifications to agreement below.top↑ | |
| 3: | Terminology |
| To the best of its ability, spotlightagency.co.za does not use any ambiguous or misinterpretable terminology. "Member" refers to an individual who has registered on spotlightagency.co.za and has an activated profile. "Profile" refers to the information displayed by an individual who is registered on spotlightagency.co.za, regarding themselves for the purpose of being considered by prospective employers for either modelling, castings, promotions/events, or temping (respectively to what the individual wants to be considered for). "Clients" are those individuals who book the individuals for either modelling, castings, promotions/events, or temping.top↑ | |
| 4: | Nature of service |
| spotlightagency.co.za provides a service where individuals (You) can register for free with the objective of subsequently being booked for work as
either a model, for a casting, for a promotion or event, or for some temporary office work. These individuals will be booked for work by prospective
employers who visit the site and review the details of these individuals. These prospective employers contact Us either by phone or using
the contact form to indicate who they want, for what purpose, for when, why, for how long. SLA will subsequently contact individuals by phone, sms and/or e-mail
that are deemed to match or surpass the prospective employer's criteria to check for availability and when appropriate booked thereafter for that work.
SLA thus acts as an intermediary agent, negotiating a fee from the prospective employer on behalf of the individual, taking a commission for the process. To ensure the database of individuals available to prospective employers is of the appropriate calibre, SLA reserves the right to approve or reject profiles (and hence de-activate accounts) that are on spotlightagency.co.za.top↑ | |
| 5: | Registration |
| In order to register as a member You need to be at least sixteen (16) years old. By registering and uploading a profile You verify that You are at least sixteen
(16) years old, are entitled to work in South Africa (if you have a foreign citizenship, you will be able to provide documentation of your permit to work in South Africa), and shall be held to the terms and conditions of this agreement. In registering You are required to provide spotlightagency.co.za
with certain data. You are responsible for providing us with true, accurate and complete information in all of the required fields of the
registration form. Only one individual per registration is permitted. Members also agree to maintain and update the registration data to keep it true,
accurate and complete at all times. All registrations become the exclusive property of spotlightagency.co.za, its affiliates and subsidiaries. spotlightagency.co.za reserves the right to use all information contained herein subject to the spotlightagency.co.za Privacy Policy. Users may edit, alter, update or obscure personally identifiable information at any time in accordance with the instructions contained in the Privacy Policy. top↑ | |
| 6: | Account |
| During registration each user will be required to fill in their date of birth and upon completion of registration will subsequently be provided
with a password. The password is used for authentication purposes to access the members section of this website. The rights of any member to
use this website, and any other product or service offered by spotlightagency.co.za, is personal to that member and is non transferable
by assignment, sublicense or any other method to any other person or entity. Any such attempt will constitute a breach of this agreement and
will result in termination of the member's right to use this website. Members are responsible for changing/choosing a password, and taking the
necessary precautions, such as to maintain the privacy of his or her password. In the event that a member suspects that a third party has access
to his or her account, the member shall change his or her password immediately by using the facilities provided to modify his or her profile.
Should the problem persist spotlightagency.co.za must be notified via the form on our contact us page. Upon registration a member is allowed to display their details for any of the four fields (modelling, castings, events, temping) in which SLA operates, as well as add to their profile (including additional images). You agree that spotlightagency.co.za and other users of this website are entitled to rely and solely attribute to You any action that is undertaken using Your account, registered e-mail or password. Hence You are solely liable for any loss or damages, in whatever form, arising from the misuse of Your account, registered e-mail or password, whether or not such misuse is due to Your fault or negligence. You agree that the provision set forth above is commercially reasonable. You agree that SLA may contact You by phone, sms and/or e-mail provided by You to Us during registration to primarily, but not limit to, contact You with regards to work. This includes checking whether You are available for a particular work assignment, providing a briefing of the work to be carried (should you be able and selected to work) and any other communication required to ensure the successful completion of the work. spotlightagency.co.za is doing its utmost to prevent any loss of data. In the unlikely event of such a data loss (including but not limited to computer systems' failure) causing unrecoverable loss of details, spotlightagency.co.za will not be held responsible for any kind of damages the member could sustain as the result of such data loss. Each member is responsible for keeping copies of all details provided by spotlightagency.co.za.top↑ | |
| 7: | Ownership |
| Upon registration all copyrights regarding any additional information provided by spotlightagency.co.za, which includes, but is not limited to, the documents completing a booking, remains with spotlightagency.co.za. This information cannot be copied, retransmitted, resold or published without the prior consent of spotlightagency.co.za. Failure to comply will not only constitute a breach of SLA's Terms of Use by You resulting in immediate cancellation of Your registration, but may also result in prosecution to the fullest extend of the law and indemnification.top↑ | |
| i) | Member submitted images |
| In submitting any image (further referred to as "Content") to this website You warrant that You are the sole copyright holder.
Further, by allowing Your image to be used on spotlightagency.co.za You certify that You control the legal rights and relevant permissions necessary to
display this image. Any violation of this rule will result in immediate termination of the account member rights to this website
and incur possible legal consequences. Further, by submitting Your images, You grant spotlightagency.co.za, its employees and affiliates, a non-exclusive right to store, resize, copy, distribute, transmit, display, reproduce, transfer and access these files on the spotlightagency.co.za website and any computer system owned or rented by spotlightagency.co.za as we, at our sole discretion, find necessary, including but not limited to, normal website operation, image manipulation for thumbnail and medium sized picture, adding of watermark, and using images to promote spotlightagency.co.za. You also confirm that the images You submit are a true representation of Yourself and Your likeness. top↑ | |
| ii) | Other by user submitted content |
| Any comments, critiques, testimonials, feedback, ideas, concepts or other by user submitted information, is not deemed confidential and spotlightagency.co.za is free to reproduce, use, disclose and distribute this information (the said materials, hereinafter referred to as "Material") to others without limitation. You agree that spotlightagency.co.za may use this Material for any purpose without any obligation of payment, or otherwise, to You. Should members submit insults, profanity, intolerant remarks, subjective or irrelevant text, spotlightagency.co.za reserves the right to terminate the registration of the relevant member. The Material referred to in this section excludes any personally identifiable information provided by You in connection with Your registration. For terms and conditions relating to our use of personally identifiable information please see our Privacy Policy. This Privacy Policy is controlling and overrides any conflicting language contained in these Terms and Conditions of use of such information.top↑ | |
| iii) | Website |
| This website is owned and operated by spotlightagency.co.za. All content featured or displayed on this website including, but not limited to, text, graphics, photographs, sound, illustrations, moving images and software, is owned by spotlightagency.co.za. All elements of spotlightagency.co.za are protected by, but not limited to, trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. Unless explicitly permitted under this or another agreement with spotlightagency.co.za, no Content from this website may be copied or reproduced via any means other than this website and its Content and all relating rights shall remain the exclusive property of spotlightagency.co.za, unless otherwise expressly agreed. You shall indemnify spotlightagency.co.za against any losses, expenses, costs or damages incurred by any breaches of the rights specified in these terms of conditions of use or Your unauthorized use of the Content or related rights.top↑ | |
| 8: | Disclaimer |
| THIS WEBSITE AND ITS CONTENT INCLUDING, BUT NOT LIMITED TO, ANY SERVICES, PRODUCTS OR RESULTS, ARE PROVIDED "AS IS" AND
SPOTLIGHTAGENCY.CO.ZA EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
SPOTLIGHTAGENCY.CO.ZA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. THE FUNCTIONS EMBODIED ON, OR IN THE MATERIALS OF, THIS WEBSITE ARE NOT
WARRANTED TO BE UNINTERRUPTED OR WITHOUT ERROR. YOU, NOR SPOTLIGHTAGENCY.CO.ZA, You, NOT SPOTLIGHTAGENCY.CO.ZA, ASSUME THE
ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION DUE TO YOUR USE OF THIS WEBSITE. Except as specifically stated in these Terms and Conditions of Use or elsewhere on this website, or as otherwise required by applicable law, neither spotlightagency.co.za nor its directors, employees, licensors, content providers, affiliates or other representatives will be liable for damages of any kind (including, without limitation, lost profits, direct, indirect, compensatory, consequential, exemplary, special, incidental, or punitive damages) arising out of Your use of, Your inability to use, or the performance of this website or the Content whether or not we have been advised of the possibility of such damages, and that the risk of injury from any such event rests entirely with each user. spotlightagency.co.za uses reasonable efforts to ensure the accuracy, correctness and reliability of the Content, but we make no representations or warranties as to the Content's accuracy, correctness or reliability. There may be links to other websites from the spotlightagency.co.za website; however, these other websites are not controlled by spotlightagency.co.za and we are not responsible for any content contained on any such website or any loss suffered by You in relation to Your use of such websites. You waive any and all claims against spotlightagency.co.za regarding the inclusion of links to outside websites or Your use of those websites. Additionally, parties other than spotlightagency.co.za may provide services from this website. For example, You may obtain promotional offers through advertisement banners regarding certain products, which could be of interest to You. spotlightagency.co.za does not evaluate or warrant the offerings or services of these parties, and does not assume any responsibility or liability for the actions, product, services, or content of these parties. As an agency that brokers work between promoters and clients, clients are responsible for the safety of promoters at their work premises and/or locations designated by the client for the promoters to work at, while promoters assume any reasonable risk that can arise whilst performing the duties required. Therefore, You agee that SLA will not be held liable for any injury arising from work performed by You at the clients' locations. Users agree that the liability of spotlightagency.co.za, its affiliates, agents, licensors, subcontractors and partners, if any, arising out of any kind of legal claim (whether in contract, tort, or otherwise) in any way connected with this website or service or the information in this website shall not exceed the amount paid to spotlightagency.co.za by same user for use of this website or service. Because countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages, incidental or otherwise, some or all of the limitations above may not apply to You to the extent they are prohibited or superseded by national provisions. This disclaimer shall remain in effect after these Terms and Conditions of Use have been terminated.top↑ | |
| 9: | Payment |
| You agree to allow SLA to negotiate what SLA considers the best financial deal possible for You in terms of a booking by a Client
through spotlightagency.co.za. You entitle SLA to take a commission but You reserve the right to ultimately take on a booking request for
You before the corresponding booking is confirmed. Payment will be made to You by SLA upon completion of the booking You committed to, and when applicable payment will be made to You within 30 days of reception of the money due by the Client.top↑ | |
| 10: | Indemnification |
| You agree to indemnify and hold spotlightagency.co.za, its employees, agents, subsidiaries, affiliates, contributors or other partners harmless from and against any and all claims, damages, obligations, demands, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Your use of this Website and/or SLA's services or from users violation of these Terms and Conditions of use or any third party's rights including but not limited to copyright, property, and privacy rights whether You are a registered user or not. This indemnification and hold harmless obligation will survive these Terms and Conditions of Use and Your use of this Website.top↑ | |
| 11: | Refund |
| As spotlightagency.co.za is a free to register service, no refunding is applicable to members. For Clients, should any advance payment be received as a form of confirmation of a booking, but the booking subsequently has to be cancelled by SLA, the Client is entitled to a full refund. We will endeavour to refund the member as soon as possible with a maximum delay of thirty (30) days. For Clients, should any advance payment be received as a form of confirmation of a booking, but the booking subsequently has to be cancelled by the Client, the Client is entitled to a partial refund of up to 90% of the fee paid in advanced so long as the notification of cancellation is in writing more than 3 days prior to the start of the booked event. The specific amount will be agreed by SLA and the Client on a case by case basis, which will take into account, but not limit itself to, factors such as cancellation timeframe before booked date, amount of planning and co-ordination involved by SLA, history between SLA and Client. Once the refund amount is agreed, we will endeavour to refund the member as soon as possible with a maximum delay of thirty (30) days.top↑ | |
| 12: | Termination |
| A registered individual of spotlightagency.co.za may terminate his or her registration at any time. This is done by selecting
"remove" in the "update posting" dropdown box. No fees or monies paid by the member will be refunded. Once the account has been terminated,
all personal information on the individual will be removed. Termination of members account will be effective upon confirmation by member by
clicking on the "OK" button. spotlightagency.co.za reserves the right to suspend or terminate a registration, at any time without prior notice, in the event of a violation of terms and conditions of this or other agreements governing the usage of this website. In addition, SLA reserves the right to de-activate registrations should SLA deem the aspirations of the member do not match what SLA can provide.top↑ | |
| 13: | Force majeure |
| If either party is unable to perform any obligation under this Agreement because of a matter beyond that party's reasonable control such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving that party's employees), or acts of local or central Government or other competent authorities or events beyond the reasonable control of that party's suppliers, the party will have no liability to the other for that failure to perform.top↑ | |
| 14: | Links to 3rd party sites |
| spotlightagency.co.za contains links to other websites operated by parties other than spotlightagency.co.za. Since these websites are beyond the control of spotlightagency.co.za, You agree not to hold spotlightagency.co.za responsible for the content, advertising, products, availability, or other materials contained on these 3rd party sites. Our links do not imply any endorsement of the material on such Websites or any association with their operators. Under no circumstances shall spotlightagency.co.za be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. The inclusion of advertisements and hyperlinks, or reference to any product, service or process does not constitute recommendation, sponsorship or endorsement by spotlightagency.co.za unless so stated. Any concerns regarding any external link should be directed to its respective site administrator or webmaster. mspotlightagency.co.za is not responsible for the accuracy, legality, decency or copyright compliance of material contained in any such sites.top↑ | |
| 15: | Modifications to agreement |
| spotlightagency.co.za reserves the right to modify or change these terms and conditions of use, effective immediately, and may do so with or without notice. Users of this website agree to periodically review these terms and conditions of use and to be aware of any such changes. If any such changes are deemed unacceptable to a member, the member may terminate his or her account as provided in the section 12. Termination above. Any use of this website (other than to terminate membership account) shall be deemed to constitute complete acceptance without reservations by the member of, but not limited to, any changes, modifications, additions or alterations. |