Children's Entertainers Association

A Not For Profit Association of Professional Children’s Entertainers

The Children’s Entertainers Association Terms & Conditions

By accessing and using all or any web pages under or forming part of the domain name www.centa.org.au and any other similarly branded webpages which include an authorised link to these Terms and Conditions (Site), you agree with The Children’s Entertainers Association ACN: 627917266 (CENTA, or we, our and us) to be bound by and abide by the following terms and conditions (Terms and Conditions).

Your access to and use of this Site is conditional upon your acceptance and observance of these Terms and Conditions.

Your acceptance is intended by the Children’s Entertainers Association to create a contract between the Children’s Entertainers Association and you. Your access to and use of all or part of the Site is also subject to the Children’s Entertainers Association’s Privacy Policy

You will be bound by such additional terms, as applicable. You acknowledge that parts of the Site, or the provision of certain functionality of the Site, may be outsourced to third party providers. These Terms and Conditions apply to any outsourced services, unless you are notified of any alternate terms and conditions. These Terms and Conditions and our privacy policy are the current Terms and Conditions for the Site, and replace any other terms and conditions for the Site previously published on the Site.

Information on this Site

The Information and materials on the Site (Information) are for general information purposes about the Children’s Entertainers Association, it’s objects and services. These Terms and Conditions and the Information are subject to change at any time without notice. In some cases, the Information may include the views or recommendations of third parties, which may not necessarily reflect the Children’s Entertainers Association’s views.

Varying these terms and conditions

We may vary these Terms and Conditions from time to time without notice to you. It is important that you regularly review the most up to date version of these Terms and Conditions. Acceptance and observance of these Terms and Conditions is the sole basis upon which you may access the Site as may be varied from time to time.

The most recent version of these Terms and Conditions can be seen at centa.org.au/terms-conditions. Bookmark this page to conveniently review the Terms and Conditions when you use this site.

Registration, User Accounts and Children’s Entertainers Association Information

Access to the site will require personal information about you to allow us to provide you with services as members of the Children’s Entertainers Association.

As set out above, we treat all personal information submitted to us in accordance with our Privacy Policy.

As a member of the Children’s Entertainers Association who receives or applies to receive information from us, or any other service we provide from time to time, you agree to:
a)    Submit only true, accurate, current and complete information and photo about yourself by any registration procedure;
b)    Maintain and regularly update the registration data to keep it true, accurate, current and complete. This obliges you to modify the registration data to reflect any change in the accuracy of this data or your circumstances generally.

If you are no longer a member of Children’s Entertainers Association you will lose registered user access to the Site or services we provide. You will be required to return any membership cards issued to you by the Children’s Entertainers Association.

As part of the registration process, you must provide us with personal information required by the registration process at the Site, to allow us to determine whether to enable your application or continue to allow access to your account once created.

If you provide any information to us (including registration data) that is untrue, inaccurate, not current, not up to date, is outdated, incomplete or inaccurate, or we suspect that you have provided such information to us, we may suspend or terminate your account and refuse any and all current or future use of the Site or any part of it.

We may seek to verify that information we have received from you is accurate. You must respond promptly to any request we make and if you do not we may suspend or terminate your account and refuse any and all current or future use of the Site or any part of it.

Access

You will receive a user password and account name to access Information via the Site after you have paid the annual membership fee and all procedures are complete. By using your user password and account to login via the Site, you will be able to access information and content (including without limitation, information about us and our offerings, and information and content that we make accessible to our members).

By doing this you agree that:
a)    You are responsible for maintaining the confidentiality of your password;
b)    Except where required by law or where Information is generally available other than by breach of these terms and conditions, you may disclose Information you receive only to a person employed by you or as is employed by your same employer and only where;
a.    The person has first agreed to use and keep the Information confidential and;
b.    The person needs to know the Information in the execution of their employment role or duties.

You are fully responsible for activities that occur under your password or account and must immediately notify the Children’s Entertainers Association in writing of any unauthorised use of your password or account or any other breach of security of which you become or have become aware.

You acknowledge that:
a)    We may discontinue your access rights at any time;
b)    The Information contains material to which the Children’s Entertainers Association either holds copyright or is the licence of it;
c)    The information is provided solely for use by registered members of the Children’s Entertainers Association for business and professional purposes.

Transactions on the Site

The Site may offer you the ability to enter into transactions, such as payment of annual membership fees, or any other transaction relating to a Children’s Entertainers Association product or service (Transaction).

A Transaction will not be complete unless and until:
•    you have issued Children’s Entertainers Association with an electronic instruction accepting the Children’s Entertainers Association’s offer or confirming payment by you (whichever is applicable) (Acceptance);
•    such Acceptance has been received and processed by the Children’s Entertainers Association; and
•    these Terms and Conditions (and any other applicable terms and conditions notified to you) have been complied with.

You acknowledge that the transmission of your Acceptance may not be received by the Children’s Entertainers Association for reasons beyond either party’s reasonable control, including but not limited to, mechanical, software, computer, telecommunications, or electronic failure, or the omission or failure of third party service providers or systems.

Where the Site enables you to purchase products or services online:
•    The parties may enter into a contract using the Site by the Children’s Entertainers Association making an electronic offer via the Site and you electronically communicating your Acceptance of that offer to the Children’s Entertainers Association via the Site;
•   The Children’s Entertainers Association may act on and process all completed Acceptances transmitted or issued through the Site without further consent from or reference to you; and
•    The Children’s Entertainers Association may treat an Acceptance as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such Acceptance, or to verify the accuracy and completeness of such Acceptance.

When entering into a contract via the Site, you will be taken to have communicated your Acceptance only when:
•    The Children’s Entertainers Association receives and records your Acceptance in its database;
•    A Children’s Entertainers Association receipt is generated; and
•    The Children’s Entertainers Association receives current and valid payment details, to which the Children’s Entertainers Association is able to charge the appropriate price or fee.

A binding contract is conditional on the Children’s Entertainers Association being able to successfully charge and receive payment of the applicable contract price or fee for the Transaction. A binding contract is not conditional on the receipt by you of a receipt or confirmation of payment. Therefore, the failure by you to receive a receipt or confirmation of payment via the Site does not invalidate or otherwise prejudice the existence of any contract or transaction entered into using the Site.

The Children’s Entertainers Association may or may not issue a paper confirmation of the contract. The existence of a binding contract is not conditional on the Children’s Entertainers Association issuing, or you receiving, a paper confirmation of the Transaction.

Payments

All payments for membership fees or any products, services or Transactions purchased via the Site must be paid in full by cleared funds by the due date specified in any communication from the Children’s Entertainers Association or in the relevant confirmation.

Payments may be made by credit card, by direct debit arrangement or other payment gateways with your financial institution.
In the case of credit card payments, you must provide to the Children’s Entertainers Association details of your current and valid credit card as required by the Children’s Entertainers Association, but including:
•    credit card type;
•    credit card number;
•    name on credit card;
•    expiry date; and
•    verification code.

For payment made by direct debit, you must follow the information provided, including by accepting any additional terms and conditions or service agreements that may be applicable.

All prices are states in Australian Dollars (AUD), and payments accepted in Australian Dollars (AUD).

Refund Policy

Refunds of membership are not available on pro rata basis. Memberships cancelled before the end of the payment period will still be liable for any outstanding payments.

Your Interaction with the Site

Some parts of the Site may permit you to post, upload, input or submit materials to the Children’s Entertainers Association through the Site or associated services (Materials). You may not post Materials to this Site containing a virus or other harmful components. You must not use language or engage in any activity that is threatening, abusive, vulgar, or which may be interpreted as vilification of others on any grounds, or which is discourteous or unlawful. You must not post, upload, input or submit materials to the Children’s Entertainers Association or the Site which gives rise to any legal liability against the Children’s Entertainers Association. The Children’s Entertainers Association reserves the right to suspend or prohibit use by persons who contravene the above and the Children’s Entertainers Association may remove or edit messages or material submitted by users.

Third Party rights infringed 

You are responsible for the Materials you post to the Site and you indemnify us against loss of any nature arising from the infringement of third party intellectual property rights or any other legal right by reason of your unauthorised reproduction of works on the Site.

You must not post Materials on the Site unless you are the owner of the copyright in those materials or have the express written permission or a written licence of the copyright owner to post them.

By posting, uploading, inputting, providing or submitting Materials you warrant and represent that you own or otherwise have rights to the Materials including, without limitation, the rights necessary to post, upload, input or submit the Materials and you authorise others to make use of the Materials posted by you on the Site.

Communications by Other Users

Children’s Entertainers Association does not represent, warrant or guarantee the validity, accuracy, or reliability of any communications posted by other users or endorse any opinions expressed by users. You acknowledge that your reliance on Information or material posted on the site by other users or members will be at your own risk.

Materials provided to Children’s Entertainers Association

Subject to our privacy policy, you permit Children’s Entertainers Association, its affiliates and licencees to use any materials you provide to the Children’s Entertainers Association in via the Site in connection with the operation of its business or operations, including without limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat the material, and in its absolute discretion to identify the material by your name.

No compensation will be paid in relation to Children’s Entertainers Association’s receipt or use of the material.

Access to the Site

The Children’s Entertainers Association will not be liable if the Site is unavailable for any reason. The Children’s Entertainers Association may, at its absolute discretion, suspend or disconnect your access to all or part of the Site during technical failure, for maintenance, if you fail to comply with these Terms and Conditions or if you do anything that the Children’s Entertainers Association considers inappropriate.

Intellectual property rights

The Children’s Entertainers Association or its licensors own all intellectual property rights (including any copyright, trade mark rights and patent rights) in the Information and the Site. You may download, copy or print reasonable amounts of the Information for your personal, non-commercial use. You must not use any information downloaded, copied or printed in a commercial way (for example, publishing, transmitting, selling or modifying the Information) without the Children’s Entertainers Association’s prior written consent.

Nothing in this Site is construed as granting you any licence or right to use any trade mark or other intellectual property right of the Children’s Entertainers Association without the written consent of the Children’s Entertainers Association.

You must not (and do not allow any third party to) copy, modify, create a derivate work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in any of the Information, software or contents of the site you access by virtue of these terms and conditions and your membership of the Children’s Entertainers Association.

You agree not to access the Site by any means other than via the Children’s Entertainers Association website homepage interface.

Your acknowledgments

You expressly understand, acknowledge and agree that;
a)    Your use of the Information is at your sole risk;
b)    The Information and Site are provided on an as is and as available basis;
c)    the Information is not prepared or tailored to address business or commercial issues relevant to you;
d)    The Information obtained through the use of the Site is sourced at your own discretion and risk and you are solely responsible for any damage to your computer system or loss including financial or pecuniary loss or loss of data or information that results from the downloading or accessing of any information from the Site.

Requests regarding the use of the Information for any purpose other than in your practice should be directed to info@centa.org.au

Restrictions

In addition to the restriction set out above, you agree that you (and any party connected with, controlled by or related to you) will not:
•    Use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions;
•    Use the Site for any purpose which could damage, disable, overburden or impair the Site or interfere with any other party’s use and enjoyment of the Site;
•    Copy, reproduce, alter, modify, create derivative works, distribute, transmit, publicly display, publicly perform, edit, translate or reformat any of the Information without the Children’s Entertainers Association’s prior written consent;
•    Use any robot, spider, screen scraper, data aggregation tool or other automatic process to monitor, copy or extract any Information, or combine any Information with the information of a third party, without the Children’s Entertainers Association’s prior written consent; or
•    Reverse engineer, reverse assemble, decompile or otherwise attempt to discover source code or other formulate or processes in respect of the Site.

Links 

If you access the Site via an external link, you are on notice that you do so at your own risk and expense. The existence of the external link shall not be construed as the Children’s Entertainers Association’s endorsement, sponsorship, approval of, or affiliation with, another person or entity unless the party providing the relevant link is authorised in writing to do so.

The Children’s Entertainers Association reserves the right to object to or have removed any link that it determines in its sole discretion to be inappropriate, inconsistent with the Children’s Entertainers Association’s rights, the Site’s image and reputation or otherwise creates an undue burden on the Site.

The Site may also contain links and frames to websites owned or operated by third parties independent of the Children’s Entertainers Association (External Sites).

Such links and frames are provided for convenience only, and the Children’s Entertainers Association does not endorse, sponsor or approve, and makes no warranties or representations in relation to:
•    The operators of the External Site or Sites;
•    The quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the material on the External Site or Sites, or the people who contribute to them; or
•    That the material on the External Site or Sites does not infringe the intellectual property rights or any other legal rights of any person.

Disclaimer and exclusion

The Children’s Entertainers Association:
•    Does not warrant or guarantee the quality, accuracy, adequacy, completeness, reliability, fitness for purpose or timeliness of the Information;
•    Provides the Site and Information on an ‘as is’ basis;
•    Does not guarantee that the Site or External Sites will be error free, free from viruses, that defects will be corrected or that access to the Site or External Sites will function as intended or be uninterrupted;
•    Is not obliged to update the Information or correct any inaccuracy which may become known to the Children’s Entertainers Association.

Limitation of liability

The Children’s Entertainers Association excludes, to the maximum extent permitted by law, all warranties (whether express, implied, statutory or otherwise, and specifically any implied warranties or conditions of merchantability, fitness for purpose, title and non-infringement) in relation to the Information, the Site or any material on External Sites accessed via the Site or which link or refer to the Site.

The Children’s Entertainers Association excludes all liability arising from:
•    any claim by any member as a result of the use of, or the inability to use the Information or the Site;
•    The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained, or messages received or transactions entered into via or from the Site;
•    Unauthorised access to alteration of your transmissions or data;
•    Statements or conduct of the Children’s Entertainers Association or any third party on the Site;
•    Any other matter relating to the Information or the Site.

You expressly understand and agree that;
a)    Your use of the Information is at your sole risk that the Information and Site may not meet your requirements or requests;
b)    The quality of any products, services or Information purchased or obtained by you from the Site will meet your expectations and any errors in the Information and Site will be corrected.

The maximum extent permitted by law, the Children’s Entertainers Association is not liable to you for any expenses, losses, costs (including but not limited to legal costs), damages or liabilities (whether indirect or consequential) that arise out of or are referable to the Information, the Site, External Sites, the supply of any product or services from the Site, or your access to any part of the Site, whether in contract, tort (including negligence) statute, equity or otherwise.

You acknowledge that this clause may be pleaded as a complete defence to any such claim you may assert through court, tribunal or other proceedings.

To the extent that a court decides that the Children’s Entertainers Association is liable for any loss, damage, costs or expense, the liability of the Children’s Entertainers Association is limited solely to the amount of the subscription or membership fee paid by the member asserting the claim or loss in the immediate preceding calendar year.

Reliance on advice

The Information should not be relied upon for personal, legal, investment or financial advice of any kind. You accept and acknowledge that you will and should consult an appropriate professional for specific advice.

Indemnity

You agree to hold the Children’s Entertainers Association harmless from any liability to any third party alleged as a consequence of the partial or complete use by you or anyone on your behalf of the Information or the Site and agree to make no claim, assert no demand or purport to enforce no right against the Children’s Entertainers Association in any such circumstances.

You agree to indemnify and keep indemnified the Children’s Entertainers Association against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on an indemnity basis) suffered and incurred by the Children’s Entertainers Association directly or indirectly out of or as a result of any breach of your obligations under these terms and conditions or at all.

You agree to indemnify and keep indemnified the Children’s Entertainers Association against all claims, demands, actions, proceedings, costs, expenses and liabilities (including without limitation legal costs and disbursements on a full indemnity basis) suffered and incurred by the Children’s Entertainers Association as alleged or asserted by any third party at all including but not limited to any claim arising from:
a)    Your access to Site;
b)    Your use and utilisation of the information available on the Site;
c)    Any breach by you of these Terms and Conditions giving rise to a liability to a third party as alleged by that third party against the Children’s Entertainers Association.

Survival

In the event that your access to the Site is suspended or disconnected in accordance with these Terms and Conditions or at all, all restrictions on you and disclaimers, exclusions and limitations of the Children’s Entertainers Association ‘s liability set out in these Terms and Conditions will survive such disconnection or suspension.

General Information

These Terms and Conditions constitute the entire agreement between you and the Children’s Entertainers Association and govern your access to and use of the Information and Site, superseding any prior agreement between you and the Children’s Entertainers Association in any form at any time whatsoever.

You may also be subject to additional Terms and Conditions that apply when you use other services, third party content, third party software or where you access another website via or through the Site.

These Terms and Conditions and the relationship between you and the Children’s Entertainers Association shall be governed by the laws of the Commonwealth of Australia and the State of South Australia. As a consequence of agreeing to these Terms and Conditions and accessing the Site you consent to and submit to the exclusive jurisdiction of the courts of South Australia, on any legal or other question or dispute arising out of your use of Site or your agreement to accessing the Site under these Terms and Conditions.

The failure of the Children’s Entertainers Association to exercise and enforce any right or provision of these Terms and Conditions shall not be treated by the party as a waiver of any further right that Children’s Entertainers Association has against you.

If any provisions of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, then the provision is deemed deleted but other provisions of these Terms and Conditions remain in full force and effect, as may be varied from time to time.

You agree that regardless of any statute or law to the contrary, any claim or cause of action against the Children’s Entertainers Association or any officer, employee, nominee, representative, or agent of it made by you arising out of or related to use of Site must be filed strictly within one year after the claim or cause of action arose or forever be barred. You agree that this clause may be pleaded as a complete defence to any such claim if this strict timeframe is not observed by you in the assertion of any such claim.

You agree that there is no agency, partnership, joint venture, employee-employer or franchisor or franchisee relationship between the Children’s Entertainers Association and any user simply by virtue of provision of the Information or access to the Site or creation or use of a user account by you as a member of the Children’s Entertainers Association or access to the Site in any form at all.

Your rights and obligations under these Terms and Conditions are personal and may not be assigned or dealt with in any way without the permission of the Children’s Entertainers Association and permission may be withheld by the Children’s Entertainers Association in its absolute discretion.

You agree that the Children’s Entertainers Association excludes to the full extent possible at law and under any legislation or other legal principal applicable any liability for the apportionment of loss between you and it arising from any claim you or any third party may assert directly or indirectly arising from these Terms and Conditions or your use of the Information or your access to the Site.

You agree these Terms and Conditions are the only basis upon which you access the Site of the Information and rely on no representation of assertion made by the Children’s Entertainers Association other than as contained in these Terms and Conditions as the basis for your access to the Site.

Copyright

This site and its contents are subject to copyright. The site material copyright is owned by the Children’s Entertainers Association, or in the case of some material, a third party. The site function and operation copyright is owned by the Children’s Entertainers Association.

You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content of this site is strictly prohibited.

These Terms and Conditions were last updated on 14th November 2018.