Pledgsta is a platform that brings independent artists and fans together, by giving fans exclusive access to their favourite artists' music, content, gigs and everything in between!
What parts of these terms apply to me?
These Pledgsta Marketplace Terms & Conditions ( this “agreement” ) governs your use of the Pledgsta platform, accessible at https://pledgsta.com ( Platform ) and any goods or services made available through the Platform.
By using the Platform, you agree to be bound by this agreement which forms a binding contractual agreement between you, the User, and us, Stuart O'Neill trading as ‘Pledgsta’ - ABN 98 506 973 692 ( “Pledgsta”, “we”, “our” or “us” ).
The remainder of this agreement is divided into three parts:
Part 1 ( All Users )
which sets out terms that apply to all Users.
Part 2 ( Artists )
which sets out additional terms that apply to Artists, being Users who register for an Artist’s Account, or otherwise offer to provide music or other content through the Platform; and
Part 3 ( Pledgers )
which sets out additional terms that apply to Pledgers, being Users who register for a Pledger’s Account, or otherwise receive music or other content through the Platform.
This means that:
(a) if you use the Platform as an Artist, Parts 1 and 2 of these terms will apply to you; and
(b) if you use the Platform as a Pledger, only Parts 1 and Part 3 of these terms will apply to you.
How do I read this agreement?
When we talk about “Goods” or "Services" in this agreement, we are referring to the goods and/or services available through our Platform and any associated goods or services we offer. To the extent context permits, the terms “Goods” and "Services" are interchangeable throughout this agreement.
We may update any part of this agreement at any time without notice to you.
By continuing to use the Platform, or order, accept or pay for any Goods and/or Services by means of the Platform, after such an update, you agree to be bound by this agreement as amended.
We encourage you to check the date at the top of this agreement to see when we last updated it.
Capitalised words and phrases used in this agreement have the meaning given by the word immediately preceding any bolded and bracketed word( s ) or phrase( s ).
1. ELIGIBILITY
(a) This Platform is not intended for unsupervised use by any person under the age of 18 years old or any person who has previously been suspended or prohibited from using the Platform.
(b) By using the Platform, you represent and warrant that you are either:
(i) over the age of 18 years and accessing the Platform for personal use; or
(ii) accessing the Platform on behalf of someone under the age of 18 years old and consent to that person's use of the Platform.
(c) Please do not access the Platform if you are under the age of 18 years old and do not have your parent or guardian's consent, or if you have previously been suspended or prohibited from using the Platform.
(d) If you use the Platform on behalf of a company or organisation you warrant that you have the necessary authority from that company or organisation to do so. If you are signing up not as an individual but on behalf of your company, your employer, an organisation, government entity or other legal entity ( Represented Entity ), then “you” or “User” means the Represented Entity and you are binding the Represented Entity to this agreement. If you are accepting this agreement and using our Services on behalf of a Represented Entity, you represent and warrant that you are authorised to do so.
2. ACCOUNTS
(a) In order to use most of the functionality of the Platform, Users are required to sign-up, register and receive an account through the Platform ( an Account ) including by creating an account with www.Stripe.com.
(b) As part of the Account registration process and as part of your continued use of the Platform, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, date of birth, country of residence, mobile phone number, and other information as determined by Pledgsta from time to time.
(c) You warrant that any information you give to Pledgsta in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date.
(d) You agree to ensure that your Account does not display any of your personal contact information at any time such that it can be viewed by any other User. You agree to not give your contact details to any other User.
(e) Once you complete the Account registration process, Pledgsta may, in its absolute discretion, choose to accept you as a registered user within the Platform and provide you with an Account.
(f) Pledgsta reserves the right to contact you about any concerning behaviour by you, or to seek a resolution with you.
(g) Pledgsta may, in its absolute discretion, suspend or cancel your Account for any reason, including for any failure to comply with this agreement.
3. USER OBLIGATIONS
As a User, you agree:
(a) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any other User or distribute unsolicited commercial content, junk mail, spam, bulk content or harassment;
(b) to not share your Account with any other person and that any use of your Account by any other person is strictly prohibited. You must immediately notify Pledgsta of any unauthorised use of your Account, password or email, or any other breach or potential breach of the Platform's security;
(c) to not use the Platform for any purpose other than for the purpose of sharing music and other content or receiving such content, including by not using the Platform:
(i) in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity; and
(ii) in connection with any commercial or money making or other promotional or marketing endeavours except those that are endorsed herein, or as approved in writing by Pledgsta;
(d) not to act in any way that may harm the reputation of Pledgsta or associated or interested parties or do anything at all contrary to the interests of Pledgsta or the Platform;
(e) not to make any automated use of the Platform and you must not copy, reproduce, translate, adapt, vary or modify the Platform without the express written consent of Pledgsta;
(f) that Pledgsta may change any features of the Platform at any time without notice to you;
(g) that information given to you through the Platform, by Pledgsta or another User including an Artist, is general in nature and we take no responsibility for anything caused by any actions you take in reliance on that information;
(h) that Pledgsta may cancel your account for any reason, including if Pledgsta considers, in its absolute discretion, that you are in breach or are likely to breach this clause 3;
(i) that in making or receiving any payments via the Platform, you warrant that you have read, understood and agree to be bound by the terms and conditions of our third party payment provider from time to time (Third Party Payment Provider) (currently Stripe, their T&Cs available here:
(j) that all fees and amounts are in Australian dollars, unless otherwise specified; and
(k) that if you choose to pay any fee in a foreign currency ( not being Australian dollars ), then the Third Party Payment Provider will convert the amount you pay to Australian dollars, in accordance with their then current policies, procedures and legal terms.
4. POSTED MATERIALS
4.1 WARRANTIES
By providing or posting any information, material or other content on the Platform ( Posted Material ), you represent and warrant that:
(a) you are authorised to provide the Posted Material ( including by being authorised to provide any services that you represent you provide );
(b) the Posted Material is accurate and true at the time it is provided;
(c) any Posted Material which is in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;
(d) the Posted Material is free from any harmful, offensive, discriminatory, defamatory or maliciously false implications and does not contain any offensive or explicit material;
(e) the Posted Material is not "passing off" of any product or service and does not constitute unfair competition;
(f) the Posted Material does not infringe any third party’s Intellectual Property Rights ( defined in clause 9 );
(g) the Posted Material does not contain any viruses or other harmful code, or otherwise compromise the security or integrity of the Platform or any network or system; and
(h) the Posted Material does not breach or infringe any applicable Laws. In this clause and throughout this agreement, “Laws” means any applicable statute, regulation, by-law, ordinance or subordinate legislation in force from time to time in Australia, and any other relevant jurisdiction( s ) where the Goods or Services are performed or received and includes any industry codes of conduct.
4.2 LICENCE
(a) You grant to Pledgsta a perpetual, irrevocable, transferable, worldwide and royalty-free licence ( including the right to sublicense ) to use, copy, modify, reproduce and adapt the Intellectual Property Rights in any Posted Material in order for Pledgsta to use, exploit or otherwise enjoy the benefit of such Posted Material. In relation to any music works uploaded to the Platform by an Artist, Pledgsta’s licence from the Artist under this clause 4.2 will be limited to the extent any such use of those works is necessary to facilitate the provision of Goods or Services, including any use that is necessary to facilitate the Pledgers’ streaming of such musical works on the Platform.
(b) If it is determined that you retain moral rights ( including rights of attribution or integrity ) in any Posted Material, you forever release Pledgsta from any and all claims that you could assert against Pledgsta by virtue of any such moral rights.
(c) You indemnify Pledgsta against all damages, losses, costs and expenses incurred by Pledgsta arising out of any third party claim that your Posted Material infringes any third party's Intellectual Property Rights.
4.3 REPORTS
If there are any problems or concerns with any Posted Materials on the Platform, please contact us at the designated contact email address set out on the Platform from time to time.
4.4 REMOVAL
(a) Pledgsta acts as a passive conduit for the online distribution of Posted Material and has no obligation to screen Posted Material in advance of it being posted. However, Pledgsta may, in its absolute discretion, review and remove any Posted Material ( including links to you, your profile or listings you have posted on the Platform ) at any time without giving any explanation or justification for removing the Posted Material.
(b) You agree that you are responsible for keeping and maintaining records of Posted Material.
5. REFUNDS, SERVICE INTERRUPTIONS AND CANCELLATIONS
(a) Without limiting clause 5( b ), Pledgsta will have no liability or obligation to you, and you will not be entitled to any compensation from Pledgsta, if:
(i) we cancel your Account, or the Account of another Pledger or Artist;
(ii) a Pledger or Artist cancels at any time; or
(iii) for whatever reason, including technical faults, the Goods or Services cannot be performed.
(b) Nothing in this clause 5 is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 ( Cth ) ( ACL ).
6. VERIFICATION
(a) ( Verification ) We may offer or require Users to verify their details using our processes or an external identity verification service, as applicable ( including Stripe.com ) ( Verification Service ).
(b) ( Your personal information and privacy ) We may collect your personal information in accordance with our Privacy Policy as set out in clause 16. Where a Verification Service is used, you acknowledge and agree that:
(i) we may contact, and share your personal information with, a Verification Service to verify your details; and
(ii) you consent to us receiving, sharing and using this information to enable us to carry out the Verification Service.
(c) ( Fees ) We may charge non-refundable fees for the Verification Service, as set out on the Platform.
(d) ( Warranty and Indemnity ) You acknowledge and agree that:
(i) we are reliant on the information provided by the Verification Service to verify Users’ identities and, to the extent permitted by law, we disclaim all warranties that the Verification Service will be accurate or guarantee that the Verification Service will ensure you contract with a suitable User;
(ii) you should make your own enquiries as to other Users’ identities before engaging in contracts with those Users; and
(iii) we do not endorse any particular User, or any User’s Goods or Services.
7. ONLINE PAYMENT PARTNER
(a) We may use third-party online payment partners, currently Stripe.com ( Online Payment Partner ) to collect payments on the Platform, including for Goods or Services.
(b) The processing of payments by the Online Payment Partner will be, in addition to this agreement, subject to the terms, conditions and privacy policies of the Online Payment Partner.
(c) You agree to release Pledgsta and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from any act or omission of the Online Payment Partner, including any issue with security or performance of the Online Payment Partner's platform or any error or mistake in processing your payment.
(d) We reserve the right to correct, or to instruct our Online Payment Partner to correct, any errors or mistakes in collecting your payment.
8. SERVICE LIMITATIONS
The Platform is made available to you strictly on an 'as is' basis. Without limitation, you acknowledge and agree that Pledgsta cannot and does not represent, warrant or guarantee that:
(a) the Platform will be free from errors or defects;
(b) the Platform will be accessible at all times;
(c) content posted on, or sent through the Platform, will be posted or delivered promptly, or at all;
(d) information you receive or supply through the Platform will be secure or confidential; or
(e) any information provided through the Platform is accurate or true.
9. INTELLECTUAL PROPERTY
(a) Pledgsta retains ownership of all materials developed or provided ( or both, as the case may be ) in connection with the Platform and the Goods or Services ( including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software ) ( Platform Content ) and reserves all rights in any Intellectual Property Rights owned or licensed by it not expressly granted to you.
(b) You may make a temporary electronic copy of all or part of the Platform Content for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Platform Content without prior written consent from Pledgsta or as permitted by law.
(c) In this clause 9 and throughout this agreement, "Intellectual Property Rights" means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of this agreement both in Australia and throughout the world.
10. THIRD PARTY CONTENT
The Platform may contain text, images, data and other content provided by a third party and displayed on the Platform ( Third Party Content ). Pledgsta accepts no responsibility for Third Party Content and makes no representation, warranty or guarantee about the quality, suitability, accuracy, reliability, currency or completeness of Third Party Content.
11. THIRD PARTY TERMS AND CONDITIONS
(a) Any good or service Pledgsta provides that requires Pledgsta to acquire goods and services supplied by a third party on behalf of the User ( including a third party payment service, like Stripe.com ) may be subject to the terms and conditions of that third party ( Third Party Terms ), including 'no refund' policies. You acknowledge and agree that Third Party Terms will apply to your use of the Platform, including the following terms & conditions:
(i) the terms and conditions of Twitter, available here:
https://twitter.com/en/tos
(ii) the terms and conditions of Facebook, available here:
https://www.facebook.com/terms.php
(iii) the terms and conditions of Instagram, available here:
https://help.instagram.com/581066165581870
(iv) the terms and conditions of YouTube, available here:
https://www.youtube.com/static?template=terms&gl=AU
(v) the terms and conditions of Stripe, available here:
https://stripe.com/en-au/ssa
(b) Users agree to familiarise themselves with Third Party Terms. By using the Platform, you will be taken to have agreed to the Third Party Terms.
(c) We may use Google Maps/Earth mapping services, including Google Maps API( s ). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
12. DISPUTES BETWEEN USERS
(a) You should direct any complaint relating to another User to that User. Users must take all reasonable steps to resolve any dispute with another User with that User.
(b) If any issue or problem relating to the Platform remains unresolved after directing a complaint to a relevant User, or if the complaint does not relate to another User, you must report it to Pledgsta via the designated contact email address set out on the Platform from time to time ( including if you have a copyright complaint in relation to the Platform ). We will assess the complaint and attempt to quickly and satisfactorily resolve it.
(c) Any costs you incur in relation to a complaint or dispute will be your responsibility.
(d) Pledgsta has the option to appoint an independent mediator or arbitrator if needed. The cost of any mediator or arbitrator must be shared equally between each of the parties to the dispute.
(e) Pledgsta reserves the right to hold funds in relation to a dispute until the dispute is resolved by the relevant parties or by a mediator or arbitrator.
(f) If you have a dispute with Pledgsta, you agree to notify us first and enter into discussion, mediation or arbitration with us for a minimum of a 120-day period before pursuing any other proceedings.
(g) Notwithstanding any other provision of this clause 12, you or Pledgsta may at any time cancel your Account or discontinue your use of the Platform.
13. SECURITY
Pledgsta does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with your use of the Platform. You should take your own precautions to ensure that the process you employ to access the Platform does not expose you to the risk of viruses, malicious computer code or other forms of interference.
14. DISCLAIMER
(a) ( Introduction service ) Pledgsta is a medium that facilitates the introduction of Pledgers and Artists for the purposes of supporting independent artists and connecting them with their pledgers. Pledgsta simply collects a service fee in consideration for providing this introduction service and does not have any obligations or liabilities to, and is not a party to any contract between, Pledgers and Artists in relation to the Goods or Services that Artists may provide to Pledgers, or other goods or services that may result from the introduction.
(b) ( Limitation of liability ) To the maximum extent permitted by applicable law, Pledgsta excludes completely all liability to any person for loss or damage of any kind, however arising whether in contract, tort ( including negligence ), statute, equity, indemnity or otherwise, arising from or relating in any way to the Platform or its use or any goods or services provided by any Artist.
(c) ( Disclaimer ) All express or implied representations and warranties are, to the maximum extent permitted by applicable law, excluded.
(d) ( Consumer law ) Nothing in this agreement is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 ( Cth ) ( ACL ). Under the ACL, you may be entitled to certain remedies ( like a refund, replacement or repair ) if there is a failure with the introduction service we provide.
(e) ( Indemnity ) You agree to indemnify Pledgsta and its employees and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from you or your representatives':
(i) breach of any term of this agreement;
(ii) use of the Platform; or
(iii) your provision or receipt of Goods or Services in relation to another User.
(f) ( Consequential loss ) To the maximum extent permitted by law, under no circumstances will Pledgsta be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Platform, this agreement or their subject matter, or any goods or services provided by any Artist ( except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 ( Cth ) ).
15. CONFIDENTIALITY
You agree that:
(a) you must not disclose any of Pledgsta’s Confidential Information to any third party, at any time, without Pledgsta’s prior written consent; and
(b) all communications involving the details of other users on this Platform and of the Artist are confidential, and must be kept as such by you and must not be distributed nor disclosed to any third party.
(c) For the purposes of this clause 15 and the rest of this agreement, “Confidential Information” means information of, or provided by, a party that is by its nature confidential information, is designated as confidential, or that the recipient of the information knows or ought to know is confidential ( including all commercial information exchanged between the parties ), but does not include information which is, or becomes, without a breach of confidentiality, public knowledge. Confidential Information includes system operations, documents, marketing strategies, staff information and client information.
16. PRIVACY
You agree to be bound by Pledgsta’s Privacy Policy, which can be accessed here:
17. COLLECTION NOTICE
(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you, to respond to your enquiries and for the other purposes set out in our Privacy Policy.
(b) Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.
18. TERMINATION
(a) Pledgsta reserves the right to terminate a User's access to any or all of the Platform ( including any Pledge Levels, memberships or Accounts ) at any time without notice, for any reason.
(b) In the event that a User's Account is terminated:
(i) the User's access to all tools on the Platform will be revoked;
(ii) the User may be unable to view parts of other User Accounts ( including Artist content ); and
(iii) the User will be unable to view content previously posted by that User, which will also be removed from the Platform.
(c) Without limiting Part 3, Users may terminate their Account with Pledgsta at any time by using the Platform's functionality, where such functionality is available. Where such functionality is not available, Pledgsta will terminate your Account within a reasonable time after receiving written notice from you.
(d) Notwithstanding termination or expiry of your Account, this agreement, or any other membership you hold in connection with the Platform, the provisions of Part 1 and any other provision in this agreement which by its nature would reasonably be expected to be complied with after termination or expiry, will continue to apply.
19. TAX
You are responsible for the collection and remission of all taxes associated with the goods or services you provide or receive, or any other transactions, in relation to the Platform, and Pledgsta will not be held accountable in relation to any transactions between Pledgers and Artists where tax related misconduct has occurred.
20. RECORD / AUDIT
To the extent permitted by law, Pledgsta reserves the right to keep all records of any and all transactions and communications made through this Platform between you and other Users ( including user posts, feedback, cookies, and I.P. address information ) for administration purposes and also holds the right to produce these records in the event of any legal dispute involving Pledgsta.
21. NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement ( in a User’s case, this will be the email address provided by you when you sign up for an Account, and in our case this will be the contact email address set out on the Platform from time to time ) ( Email Address ). The parties may update their Email Address by notice to the other party.
(b) Unless the party sending the notice knows or reasonably ought to suspect that an email was not delivered to the other party's Email Address, notice will be taken to be given:
(i) 24 hours after the email was sent; or
(ii) when replied to by the other party, whichever is earlier.
22. GENERAL
22.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.
22.2 WAIVER
No party to this agreement may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.
22.3 SEVERANCE
Any term of this agreement which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of this agreement is not limited or otherwise affected.
22.4 JOINT AND SEVERAL LIABILITY
An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.
22.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
22.6 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
22.7 ENTIRE AGREEMENT
This agreement embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of this agreement
22.8 INTERPRETATION
(a) ( singular and plural ) words in the singular includes the plural ( and vice versa );
(b) ( gender ) words indicating a gender includes the corresponding words of any other gender;
(c) ( defined terms ) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;
(d) ( person ) a reference to "person" or "you" includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture ( whether incorporated or unincorporated ), a partnership, a trust and any other entity;
(e) ( party ) a reference to a party includes that party's executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;
(f) ( this agreement ) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(g) ( document ) a reference to a document ( including this agreement ) is to that document as varied, novated, ratified or replaced from time to time;
(h)( currency ) a reference to "$" or "dollar" is to Australian currency, unless otherwise set out in writing;
(i) ( headings ) headings and words in bold type are for convenience only and do not affect interpretation;
(j)( includes ) the word "includes" and similar words in any form is not a word of limitation; and
(k) ( adverse interpretation ) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.
1. VERIFICATION
We will collect your personal information in accordance with our Privacy Policy as set out in clause 16 of Part 1. If you provide us with information or documents for Verification, you acknowledge and agree that:
(a) you consent to us receiving and using this information to enable us to carry out Verification and approve your Account;
(b) we may contact you to request additional information; and
(c) if you do not provide all the information we require we may suspend or cancel your Account.
2. ARTIST PROFILES AND PLEDGE LEVELS
(a) If we approve your Account as an Artist in accordance with clause 2 of Part 1, you must ( subject to the terms of this agreement ):
(i) maintain your Artist’s Account on the Platform ( Artist Profile ); and
(ii) offer Goods and Services to Pledgers on your Artist Profile in packages, in one or more tiers ( which may be priced to Pledgers at different amounts, or in amounts determined by each Pledger ) ( Pledge Levels );
(iii) deal with any disputes with another User in accordance with clause 12 of Part 1.
(b) You must use your best endeavours to provide the Goods or Services described in each Pledge Level to each Pledger who signs up and pays for that Pledge Level on the Platform.
(c) If you wish to cancel your Artist Profile, you agree to:
(i) provide us, and each Pledger, with at least 30 days’ notice;
(ii) stop accepting Pledge Amounts from Pledgers;
(iii) continue to provide the Goods or Services described in each Pledge Level until the date of cancellation; and
(iv) to the extent that you fail to provide Goods or Services described in each Pledge Level to Pledgers, refund a pro rata amount to each Pledger in respect of that failure.
(d) Pledgsta may choose not to accept any material you upload or post to the Platform, including on your Artist Profile, and Pledgsta may limit the number of posts you can upload or post on the Platform.
(e) Any additional terms and conditions relating to a Pledge Level (including prices and payment for goods or services) are solely between Users and do not involve Pledgsta in any way, except that they must not be inconsistent with your obligations under this agreement.
(f) Pledgsta will have no responsibility for the accuracy, reliability or timeliness of any material provided by other Users.
(g) Please note that obligations under clause 4 of Part 1 apply to all music and other content you upload to your Artist Profile, and that all such content must not be harmful, offensive, discriminatory or defamatory in any way.
3. FEES
(a) Viewing the Platform, starting an Account and maintaining your Artist Profile is free.
(b) Pledgsta will take percentage of each amount paid to you by a Pledger, in accordance with this clause 3 of Part 2.
(c) When a Pledger commits to a Pledge Tier on your Artist Profile, the Pledger will be prompted to pay the amount ( GST inclusive ) specified for that Pledge Level on the Platform ( or an amount determined and selected by the Pledger on the Platform ) ( Pledge Amount ) to you via the Third Party Payment Provider.
(d) For each Pledge Amount received from a Pledger in connection with your Artist Profile, we will deduct the following amounts:
(i) a percentage of the Pledge Amount, in the amount specified on the Platform at the time the Pledge Amount was paid ( Service Fee ); and
(ii) the Third Party Payment Provider’s fee for facilitating the payment of the Pledge Amount ( Transaction Fee ), at the time the Pledge Amount was paid.
On the date this agreement was prepared, the Transaction Fee amount was as follows:
A. 1.75% + $0.30 for domestic cards
B. 2.9% + $0.30 for International cards
(e) After the Third Party Payment Provider receives payment of the Pledge Amount from a Pledger from your Artist Profile, we will ensure that the Third Party Payment Provider transfers the Pledge Amount to you, minus the Service Fee and the Transaction Fee ( Remaining Balance ), within a reasonable time.
(f) The Third Party Payment Provider may hold the Remaining Balance for a reasonable period after receiving it from a Pledger ( Holding Period ). For the purposes of this clause, you understand and agree that 14 days is a reasonable period. Pledgsta reserves the right to direct the Third Party Payment Provider to hold the Remaining Balance and disperse this amount to you, along with other amounts owed to you, in a bulk monthly payment.
(g) You understand and agree that if, during the Holding Period:
(i) you cancel your Artist Profile; or
(ii) you fail to provide Goods or Services described in a Pledge Level, we may direct the Third Party Payment Provider to refund any Remaining Balance it is holding in respect of Goods or Services that have not, or likely will not be provided, to the relevant Pledger.
(h) Pledgsta reserves the right to refund, change or waive the Service Fee at any time.
4. BINDING CONTRACT
You agree that when a Pledger commits to a Pledge Level, this constitutes a binding contract between that Pledger and you, where you will provide the Pledger with the Goods or Services described in the Pledge Level they accepted in exchange for payment of the Remaining Balance to you. A contract is formed in this respect when the Pledger makes payment of the Pledge Amount to the Third Party Payment Provider in respect of a Pledge Level.
5. WARRANTIES
By listing yourself as a Artist on the Platform and creating an Artist Profile and one or more Pledge Levels, you represent and warrant that:
(a) you are able to provide the Goods or Services as specified in each Pledge Level; and
(b) you will provide the relevant Goods or Services to Pledgers in compliance with all applicable Laws.
1. PLEDGES
You acknowledge and agree that:
(a) if you agree on the Platform to pay the Pledge Amount for a particular Pledge Level on an Artist Profile, that will constitute your offer and intention to enter into a contract with the relevant Artist ( a “Pledge” );
(b) for each Pledge you submit on an Artist Profile, you will be required to pay the Pledge Amount using our Third Party Payment Provider, on a monthly basis until you cancel your Pledge in accordance with clause 2 of Part 3; and
(c) any terms and conditions relating to goods, services or a quote provided via the Platform are solely between you and the Artist and do not involve Pledgsta in any way, except that they must not be inconsistent with your obligations under this agreement.
2. FEES
(a) ( Payment obligations ) Unless otherwise agreed in writing with the relevant Artist, you must pay the Pledge Amount for each Pledge ( Fees ):
(i) in the amount set out on the Platform for that Pledge; and
(ii) on the date you submit the Pledge, and on a monthly basis from that date, until your Pledge is cancelled in accordance with this clause 2 of Part 3, or your Account is cancelled in accordance with this agreement.
(b) ( Automatic Recurring Billing ) Your Pledge will continue to renew on a monthly basis indefinitely, and you must pay Fees in respect of each monthly period, unless you notify us within 14 days of the expiry of the then current month that you want to cancel your Pledge. Otherwise, we will continue to debit the Fees from your account each month. We will not pay any charge back amount if you fail to cancel your Pledge in accordance with this clause. By choosing a recurring Pledge, you acknowledge that your Pledge has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to your cancellation of your Pledge. We may submit periodic charges for the Fees without further authorisation from you, until you provide prior written notice ( receipt of which is confirmed by us ) that you have terminated this authorisation or wish to change your payment method. Such notice will not affect charges submitted before we could reasonably act on such notice. To terminate your authorisation or change your payment method, please contact us via our Platform.
(c) ( After cancellation ) If:
(i) you cancel your Pledge under clause 2( b ) of Part 3 above;
(ii) a Fee charged to you under clause 2( b ) of Part 3 is not received by us; or
(iii) we cancel your Account, then your licence to access the Pledge Level under this agreement will last for the remainder of the then current billing cycle ( being the billing cycle we have received payment for ). Once the then current billing cycles ends, we will have no responsibility to provide you with access to that Pledge Level.
(d) ( Card surcharges ) Our Third Party Payment Provider may charge credit card surcharges in the event that payments are made using a credit, debit or charge card ( including Visa, MasterCard or American Express ).
(e) ( Pricing errors ) In the event that we discover an error or inaccuracy in any price at which your order was purchased via the Platform, we will attempt to contact you and inform you of this as soon as possible. Subject to any agreement you or we have with the Artist, you will then have the option of purchasing the relevant goods or services at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.
(f) ( Service Fees ) You acknowledge and agree that we will deduct a Service Fee, and the Third Party Payment Provider’s Transaction Fee from the Pledge Amount, before transferring the Remaining Balance to the relevant Artist. The Pledge Amounts are inclusive of our Service Fees.
(g) ( Failure to pay ) If Fees are not paid when they are due, we may suspend or revoke your Account and require payment from you before granting you with access to your Account, an Artist Profile, or any Goods or Services.
(h) ( Changing or waiving Fees ) Pledgsta reserves the right to refund, change or waive Fees at any time.
(i) ( GST ) Unless otherwise indicated, the Fees do not include GST. In relation to any GST payable for a taxable supply by us, you must pay the GST subject to us providing a tax invoice.
3. CANCELLATIONS
(a) Pledgsta will have no liability or obligation to you if an Artist does not provide the Goods or Services set out in the relevant Pledge Level after it has been agreed and you will not be entitled to any compensation from Pledgsta in relation to any such cancellation, including any portion of the Service Fee.
(b) If you wish to cancel your Pledge you must contact Pledgsta. If Pledgsta decides to investigate your cancellation, you must provide assistance and information to Pledgsta as reasonably requested.
4. LINKED BUSINESSES
You acknowledge and agree that:
(a) the Platform provides links and introductions to Artists who are third parties, or owned and operated by third parties, and they are not under the control of Pledgsta;
(b) the provision by Pledgsta of introductions to Artists does not imply any endorsement or recommendation by Pledgsta of any Artist;
(c) Pledgsta does not examine, determine or warrant the certification and/or licensing, competence, solvency or information of any Artist who uses or is listed on the Platform; and
(d) any terms and conditions relating to a Goods or Services, Artist Profiles or Pledges provided via the Platform constitute a contract between you and the Artist and do not involve Pledgsta in any way.