Members

Trakwork Membership Agreement

You acknowledge that you have read this agreement, understand it and agree to be bound by it.Your access or use of the members section of the website, constitutes an acceptance of this agreement.


Contracting parties
This agreement is between you and Trakwork Pty Limited ABN 49124061114.


Contractual obligations
You warrant that you are able to enter into this contractual relationship (including that you are of sufficient legal age).


Accessing members' sections of the website.
If Trakwork decides, in its sole discretion, to enter into this agreement with you, we will give you a user name and password.Your user name and password will allow you to access the members' section of the website.You must keep your user name and password secret and confidential and you must not disclose them to third parties. You are responsible for all uses of your user name and password (whether or not the use is by you or authorised by you). You must immediately notify us if you become aware:
(a) that a third party has (or may have) obtained your user name or password; or
(b) of any unauthorised use of your user name or password.


Jobs
From time to time we will post jobs on the members' section of the website. If you want to pitch for a job, you will be required to complete the Submission Agreement and Talent Releases and provide your sample track in accordance with the technical specification described for the job.

We reserve the right to withdraw a job at any time without prior notice to you.

When you provide a track, you warrant that:
(a) the track is an original work;
(b) you are entitled to assign to us all intellectual property rights in the track; and
(c) use of the track by us or our licensees in accordance with the terms of the Submission Agreement will not infringe any third party intellectual property or other rights (including copyright) and will not require the consent of, or payment of any monies to, any third party.


Confidential information
You must, during and after the term of this agreement:
(a) keep confidential any information you obtain from the members' section of the website or otherwise as a result of this agreement;
(b) use that information only as contemplated by this agreement; and
(c) immediately on demand from Trakwork, deliver all such information to Trakwork.

Your obligations under this clause do not apply to any such information which you can show was in your possession at the time of disclosure to you, is in the public domain other than as a result of a breach of this agreement or is required by law to be disclosed.


Exclusion of liability
To the maximum extent the law allows:
(a) we exclude every term of any kind that might otherwise be implied into this agreement;
(b) we are not liable, and each of our officers, employees and agents is not liable, for any liability, loss, damage or expense you incur or suffer that arises out of your being a member or your use of the services provided to members. This applies even if we have been informed that the liability, loss, damage or expense will or may result; and
(c) we exclude all liability (whether in contract, tort (including negligence) or otherwise) for any special, indirect or consequential loss or damage (including loss of revenue and loss of data) that may be suffered or incurred in connection with this agreement.


Limitation of liability
In the case of an implied warranty that the law says we can’t exclude, our liability is limited to, in cases where the law allows it, at our option:
(a) in the case of goods, the re-supply or repair of the goods or paying the cost of re-supply or repair; and
(b) in the case of services, the re-supply of the services or paying the cost of re-supply.


Termination
Either party may immediately terminate this agreement, at any time, by notice to the other party.

Termination of this agreement does not affect any assignment of a track that occurred prior to termination.


Variation
We reserve the right to vary this agreement from time to time, by posting amendments on the website. Continued access and use of the membership sections of the website after such variation constitutes your acceptance of this agreement as varied.
Other terms

You agree and acknowledge that, in addition to this agreement, you have read and understand, the Terms of Use and Submission Agreement and agree to be bound by them.


General
The fact that Trakwork fails to do, or delays in doing, something it is entitled to do under this agreement, does not amount to a waiver of any obligation of, or breach of obligation by you. A waiver by Trakwork is only effective if it is in writing.

If a clause or part can be read so that it is illegal, unenforceable or invalid, but can also be read so that is not the case, it must be read in the latter way. If any clause or part is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of the clauses are not affected.

This agreement is governed by the law of New South Wales, Australia. You submit to the non-exclusive jurisdiction of its courts.


Contact
If you have any queries regarding this agreement, please contact us at:
info@trakwork.com
PO Box 2291
Strawberry Hills NSW 2012
Australia