Terms of Service
Updated: October 21st, 2022
Welcome to Talentfam!
Our Terms of Service have been updated. Therefore, please, read these Terms of Service carefully before using the Website and/or Services. If you do not accept these Terms of Service, including the agreement to arbitrate on an individual basis any claims between you and Talentfam, please, do not use the Website and do not click “Sign up” (or similar) or otherwise use the Services.
These Terms of Service (hereinafter - the “Terms” or the "Agreement") describe the terms and conditions applicable to your access and use of the website and the website software related mobile device application made available through or in connection with the “Talentfam Services”, (“Platform Services” or “Services”). The Talentfam website (www.talentfam.com) and its sub-domains (the “Website”) is an online platform intended to be used by vendors and their customers in connection with the Talentfam Services.
Talentfam is not an agency or recruiter; Talentfam operates as an online platform in which Event Organizers find Event Vendors (e.g., magicians, artists, and other event vendors), book them directly and enter into a contractual agreement between them. Talentfam facilitates the booking process through the website but does not have any obligations or liabilities associated with the booking delivery / performance. Talentfam may ask the Event Organizer for feedback for quality control purposes.
Use of the Talentfam Services (as defined above) is subject to these Terms of Service (the “Terms” or the "Agreement") and any other rules or policies that are published on the Website.
You agree that by using Services and providing the respective consent, you are agreeing to enter into a legally binding contract with Talentfam and indicate your unconditional acceptance of these Terms.
1 GENERAL TERMS
1.1 Services of Talentfam
You may be accessing and using the Website as (i) a Vendor or (ii) an Event Organizer (referring to registered user or visitor reviewing content, that is publicly available on the Website). Throughout these Terms “you” or “your” may refer as applicable to the Vendor or the Event Organizer using any of our Services (each the “User”).
Our platform allows Event Organizers searching for Vendors, to connect and book “Vendor Services” delivered online or in-person. For services delivered online (“Virtual Experiences”), the Vendor and the Event Organizer will be connected via online video software for which Vendor is licensed to use. For services delivered in-person (“In-Person Experiences”), the services take place at a location (e.g. venue, office, or any property) in which the Event Organizer has the right to host events.
We are continuously improving the Platform or Service for all users and reserve the right to make changes at any time. Changes we make to the Platform or Service, including discontinuing certain features, affect all users and we try to minimise disruption to users. However, these changes may affect users differently. We are not responsible if any specific changes we make to the Platform or Service adversely affect how you use them.
1.2 Your Account
Before using the functionality of our Platform or Services, you must create an account with Talentfam (“Account”) and provide us with information about yourself or your company. We may ask that you update your Account or provide additional or different information at any time. You will be required to provide an email address and password to keep your Account secure (“Credentials”) and agree to keep your Credentials private and secure. You are responsible for any actions taken on your Account using your Credentials whether or not authorized.
When creating or using your Account, you may be required to provide information about yourself. You will only provide Content to us that you own or have authorization to provide and ensure that Content is accurate and complete. You must keep any Content current, including your contact or payment information. We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. This may include validating your identity or business information. You will provide us any additional information to verify the accuracy or completeness of any Content that you provide, and we may condition your use of the Platform or Service on our ability to verify the accuracy and completeness of this Content. If you do not provide required Content to us as and when we request it, we may suspend or terminate your Account.
If you are not at least 18 years old, you cannot open an Account, access the Platform, or use the Services.
You may close your Account at any time by emailing us at email@example.com. You are responsible for all activity associated with your Account made before it is closed including payment of Fees, Taxes, or other Payments; delivering performances to Event Organizers as previously booked; or other liabilities caused by or resulting from use of the Platform or Service. You understand that we may retain Content and continue to display and use any public Content (including reviews of bookings) provided to us prior to closing your Account.
At our sole option, we may suspend or terminate your Account.
1.3 Compliance with Laws
As used in this Agreement, “Laws” means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements. You will comply with all Laws applicable to your use of the Services, Platform, whether as a Vendor or Event Organizer. While we may provide information to help you understand certain obligations of booking or listing Vendor Services, we are not authorized to provide and do not provide any legal advice. You are solely responsible for your compliance with Laws and may only use the Talentfam Platform or Talentfam Service in compliance with applicable Laws. If you are unsure how to comply with Laws, you should seek legal advice related to Listing or Booking a Vendor Service.
1.4 Booking Cost and Taxes
(a) Booking Cost: You are responsible for payment of the Booking Cost to your Vendor related to the Vendor Services you booked. Talentfam receives commission ("Talentfam Fees") from Vendors for providing use of the Talentfam Service. When you send a booking request to your Vendor, the Booking Cost is authorized but not charged yet. After the Vendor accepts your booking request, the amount of the Booking Cost is captured from your payment method (e.g., credit card) and delivered to Vendor's Stripe Account. Please review the cancellation policy prior to submitting a booking request.
While we may facilitate the booking process, the transaction of the booking cost is happening directly between the Event Organizer and the Vendor, and is processed via our Payment partner, Stripe.
(b) Taxes and Fines: You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Vendor Services including any sales or occupancy tax, indirect taxes such as valued added tax (VAT) or goods and services tax (GST), usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, we will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing a Vendor Service, including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Talentfam for such Taxes upon demand. You are also responsible for any penalties arising from your failing to comply with this Agreement including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this Agreement or misuse of the Platform, or Services (collectively, “Fines”). You understand and agree that Talentfam does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advice to consult with your tax advisor for any required advice or guidance regarding Taxes.
(c) Payment: You will timely and fully pay any Fees, Taxes, or other amounts you owe under this Agreement. If you owe amounts and we are unable to receive payment through the Platform for any reason, then we may require that you pay through other means (such as bank transfer). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Platform. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses.
1.5 Receiving Payment
Acceptance and payment of funds between users or Talentfam on the Platform (“Payment Processing”) is provided by Stripe. Your use of Payment Processing is subject to the Stripe Connected Account Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition using Payment Processing, you must provide accurate and complete information about you and your business and you authorize us to share this information to Stripe. All bank and credit card information are stored with Stripe using their security protocols. Talentfam has no visibility and does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Platform, or have your Account suspended or terminated.
We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.
1.6 Communication and Notices
We may communicate with you and provide you information or notices regarding your Account or transactions through email or through messaging on the Platform. You will promptly respond to any communications you receive and understand that failure to do so may impact your ability to Book or List Vendor Services or use the Platform or Talentfam Services.
We may send you notices to the email address or physical address included in your Account, through messaging on the Platform. You may send any notices to us at firstname.lastname@example.org. You agree that any email notice from us is considered accepted by you two days after such notice was sent and will have the same legal effect as if it were physically delivered to you. You agree to receive any communications from us and transact with us electronically. This acceptance of emails or other electronic messages constitutes your consent and your electronic signature has the same legal effect as physically signing a document. You may withdraw this consent to transact electronically at any point by providing notice to us. However, given that electronic communication is integral to the Platform and the Services, following any such notice we may elect to close your Account. If you have problems communicating receiving messages, please first please contact us at email@example.com.
2.1 Ownership, License, Restrictions
Talentfam owns all right, title, and interest in the Platform, Services, and all intellectual property embodied or contained in them (individually and collectively,“IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your Account, we grant you a limited, temporary, revocable, non-transferable, non-exclusive license to use the Platform and Service for the purposes described in this Agreement and only as provided to you through the Platform. This license does not constitute a transfer of ownership or grant you any additional rights to use the IP. We may suspend or close your Account and pursue legal action against you if we believe or determine that your use of the Platform, Service, or IP exceeds the scope of this grant; or that you are attempting to hack or disrupt the use of the Platform, Service, or IP by others; or that you are otherwise interfering with the normal operation of the Platform or Service.
If you believe that any Content posted violates your copyright, please notify us at firstname.lastname@example.org. This notice should identify the specific Content and provide us with evidence of your ownership of the copyright or authorisation to enforce the rights of the copyright owner. Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content. We will remove any content we determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act (DMCA).
2.3 Privacy and Data Usage
3 Platform Services
3.1 Booking Process
As an Event Organizer, you should review the Vendor’s profile in the Platform to confirm he/she is appropriate for your Booking. Prior to confirming your Booking, you will need to provide payment information through our partner, Stripe. Booking Cost will be shown before you pay for your Booking. You are responsible for all Fees and Taxes associated with the Booking. All Bookings are subject to the Cancellation Policy. When you complete your booking, you expect to receive Vendor Services as described in the Vendor's listing and discussed during the “Pre-Show Video Call” (if the latter has been booked), subject to this Agreement.
3.1.1 Description of Vendor Services
Each booking has the following features which define the "Vendor Service" that is expected to be delivered from the booked Vendor:
- Experience Type:
(i) "In-Person" experience for services conducted in-person at the Event Organizer’s specified place or venue. The Event Organizer confirms that he/she has the complete right to use this location at the specified time for the purpose of the Vendor Service.
(ii) "Virtual" experience for services conducted online via video software (e.g. Zoom). The Vendor confirms that he/she is a licensed user of the video software and the Event Organizer is aware on how to join the online meeting via a meeting link.
The duration of the Main Show is selected during the booking process and needs to be respected during the Vendor Service.
The maximum number of guests is selected during the booking process and needs to be respected during the Vendor Service.
(i) "Pre-Show Video Call": Some Vendors offer this option at no extra cost. It refers to a 15-minute video call via a video software (e.g. Zoom) during which the Vendor and the Event Organizer get to know each other, discuss the specificities of the event and the audience. This discussion should not cause extra cost or work for the Vendor. Both parties need to agree at the expectations of the Vendor Service. If no such agreement takes place you should contact us at email@example.com.
(ii) "Information Form": The Event Organizer has the option to fill a questionnaire to provide additional information to the Vendor. The Vendor needs to review this information and personalize the Vendor Service accordingly. This information should not cause extra cost or work for the Vendor. If the information is not clear you should contact us at firstname.lastname@example.org.
(iii) "No personalization": There is no additional information to personalize the Vendor Service.
3.1.2 Booking Agreement
Both parties (i.e. Event Organizer and Vendor) agree on the following:
- Comply with local laws, local zoning ordinances, and tax laws at all times. Talentfam is not liable for ensuring compliance and it is the responsibility of spaces and each listing owner to ensure all local laws, zoning ordinance, local noise regulations, and also tax compliance are met.
- Never engage in illegal or prohibited activity during the Vendor Service.
- Communicate honestly with each other. Talentfam is a marketplace that depends on the honesty, integrity, and best interest of everyone that uses the platform. Do not make false claims, misrepresentations, do not engage in fraudulent activity, and do not willingly be deceitful.
- Transact honestly and with the intended use of Talentfam. Talentfam is intended to be a marketplace for Event Organizers to explore Vendor Services and Vendors to offer their Vendor Services. Any transactions that are not intended for this purpose, are misrepresented, have fraudulent intent, or otherwise deemed harmful to either user will be immediately reviewed and if fraudulent, legal action will be taken by Talentfam if deemed necessary. All users and transactions are also applicable to the Terms of Service that is agreed upon by using the platform.
- Be responsible for and accept all liability for any damage done during the Vendor Service by yourself or others in attendance whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur.
- Respect others privacy and information. Vendor Services rely on bringing the unexpected element to the audience. Therefore, many Vendors are not willing their Services to be recorded. Moreover, Event Organizers may not be eager that videos, photos or other information from their event is shared externally. In some cases, Event Organizers or Vendors may require to sign a Non-Disclosure Agreement (NDA) at the event location prior to the beginning of the Vendor Services. This should be discussed and agreed well in advance before the date of the Vendor Service. If there is ever an issue with privacy, venue security, or other rules, please send us an email immediately at email@example.com.
- Event Organizers are responsible for the behaviour and acts of others in attendance and ensure that the use does not exceed any limitations identified in the Booking.
3.2 Booking Updates - Cancellations
All cancellations and any refunds that may be available to you are subject to the Talentfam Cancellation Policy. Talentfam is not liable for any fees, expenses, or liability that is not in compliance with the Cancellation Policy.
After the booking takes place, the Event Organizer may receive an email to provide feedback or report an issue.
The Event Organizer can rate the Vendor's Experience via a 5-star rating scale and a text box. The star rating will aggregate to the overall Vendor's rating score while the text will be placed on Vendor's profile together with the first name of the Event Organizer.
Note: Once the feedback is submitted by the Event Organizer, it is not yet public; it needs to be approved by Talentfam before it becomes visible.
This section describes how disputes or claims arising under this Agreement between you and another user will be resolved. Please read this section carefully before accepting this Agreement—you may not use the Platform or Services if you do not agree to this section.
You agree to first attempt to resolve any disputes, disagreements, or claims that you have with other users (“User Dispute”) in good faith between the two parties or through the Platform within 48 hours after the booking took place by clicking "REPORT AN ISSUE" on the page mentioned above. Upon review and investigation, we will provide you and the other user our recommendation based on the summary provided. Given that the V is directly paid (direct charges) from the Event Organizer via Stripe Connect platform, the Vendor is ultimately responsible for the dispute resolution.
The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Talentfam. As a part of the User Dispute, you may also seek to recover these costs if you prevail. Any payments held by Talentfam pending final resolution of a User Dispute shall be disbursed by Talentfam as determined by Talentfam, the arbitrator, or a court of competent jurisdiction.
4. Termination and Binding Arbitration
4.1 Term, Termination, and Survival
(a) Term and Termination By User. You consent to this Agreement when you first access or use the Platform or Services, and your continued use of the Platform and Services constitutes your ongoing consent to this Agreement as amended from time to time. You may terminate this Agreement by closing your Account with us, however this will not immediately terminate any ongoing rights or obligations you or we may have. This includes any obligations to pay for Bookings, to honour any Bookings made before termination, or to pay Fees, Taxes or Fines due; or any liabilities that you incurred prior to termination.
(b) Suspension or Termination by Talentfam. We may suspend your Account--including your ability to communicate with other users or receive payments, or complete a Booking--or terminate this Agreement and your Account at any time including, without limitation, (i) if we believe that use of your Account poses a risk to Talentfam, you, other users, or third parties, (ii) actual or potential fraud by you or on your behalf, (iii) your failure to respond to communications from us or other users, or (iv) your failure to comply with this Agreement or applicable Law.
(c) Survival. The following provisions will also survive termination of this Agreement: Sections 1.3 (Compliance with Laws), 1.4 (Booking Cost and Taxes), 1.6 (Communication and Notices), 2.1 (Ownership, License, Restrictions), 2.2 (Content), 2.3 (Privacy and Data Usage), 3.1.2 (Booking Agreement), 3..2 (Booking Updates - Cancellations) 3.3.2 (Disputes), 4 (Termination and Binding Arbitration), and Section 5 (Additional Legal Terms).
4.2 Binding Arbitration
This section describes how disputes or claims arising under this Agreement between you and Talentfam or between you and another user (not resolved through the process set forth in Section 3.3.2) will be resolved. It includes waivers to both a jury trial and your ability to join other plaintiffs as part of a class action. Please read this section carefully before accepting this Agreement—you may not use the Platform or Services if you do not agree to this section.
(a) Class Action and Jury Waiver. Each party agrees that any action or claim arising from or related to this Agreement or any Booking Agreement may only be brought on an individual basis and not part of a class action or consolidated arbitration, or join claims with other users or third parties. Further, each party expressly waives its right to a jury in arbitration and court, where permitted. You may opt-out of this class action and jury waiver described in Section 4.2(a) by emailing us at firstname.lastname@example.org within 30 days of your first use of the Platform or Services. You must include your name, phone number, physical address, and email address in your opt-out notice. This is your only mechanism for opting out of this Section 4.2(a) and failure to do so as described constitutes your consent to this waiver. If you choose to opt out of this Section 4.2(a), please note that all other provisions in this Agreement will remain intact and in full force and effect.
(b) Conflict of Rules. If any provision of this Section 4.2 is found to be invalid or unenforceable, the reviewing court or arbitrator, as applicable, will interpret or revise the provisions only as minimally necessary to comply with Law. All the other provisions will remain enforceable and intact as written.
4.3 Confidentiality of Proceedings
Any proceedings pursuant to this Section 4 and their results will be maintained as confidential by all parties. Except as may be required by Law, the parties and those persons participating in the proceedings on their behalf will not disclose and will maintain the confidentiality of all materials, testimony, and evidence provided during the proceeding as well as the results of such proceeding. The parties agree to enter into a separate confidentiality agreement or order, as appropriate, to maintain the confidentiality of the proceedings.
5 Additional Legal Terms
5.1 Right to Amend
We may amend or modify this Agreement at any time by posting the modified Agreement on our website, sending you a copy via email, or otherwise communicating the amendment to you through the Platform. Your continued use of the Platform or Services after we amend or modify this Agreement constitutes your consent to the revised Agreement.
5.2 No Assignment
You may not assign this Agreement or any rights granted to you, including operation or management of your Account, without our prior written consent. Any attempt to do so without our prior consent will be void. We may assign this Agreement upon notice to you as part of a sale or transfer of part or all of our business. Any permitted transfer will inure to the benefit of and bind any successors in interest.
TALENTFAM PROVIDES THE PLATFORM AND SERVICE TO LIST AND BOOK VENDOR SERVICES, AND COMMUNICATE WITH OTHER USERS. WE ARE NOT RESPONSIBLE TO YOU OR ANY THIRD PARTY FOR PROVIDING, OR FOR THE CONDITION OR NATURE OF, ANY VENDOR SERVICES. VENDORS AND EVENT ORGANIZERS ARE INDEPENDENT THIRD-PARTIES AND ARE NOT AFFILIATED, CONTROLLED BY, OR EMPLOYED BY TALENTFAM. VENDORS SET THEIR OWN PRICES, USE THEIR OWN RESOURCES, AND MAY MARKET OR PRESENT THEIR VENDOR SERVICES AS THEY FEEL IS APPROPRIATE FOR THEIR BUSINESS.
YOU UNDERSTAND AND AGREE THAT USE OF THE PLATFORM AND SERVICES ARE AT YOUR OWN RISK. TALENTFAM IS NOT RESPONSIBLE FOR PERFORMING AND DOES NOT PERFORM BACKGROUND CHECKS ON VENDORS OR EVENT ORGANIZERS (INCLUDING CRIMINAL OR CIVIL CHECKS); DOES NOT REVIEW THE CONTENT OF VENDOR SERVICES OR ENSURE THAT THEY COMPLY WITH EXISTING LAW, MEET ANY SPECIFIC REQUIREMENTS, OR ARE CONSISTENT WITH THEIR DESCRIPTION; AND DOES NOT GUARANTEE PERFORMANCE OF ANY USER OR THIRD PARTY. ANY INFORMATION PROVIDED TO YOU REGARDING VENDORS AND EVENT ORGANIZERS IS ONLY PROVIDED TO FACILITATE YOUR USE OF THE PLATFORM AND IS PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATION OR WARRANTY. TALENTFAM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS AND IMPLIED, THAT ANY INFORMATION PROVIDED THROUGH THE PLATFORM IS ACCURATE OR COMPLETE, OR THAT ANY VENDORS OR EVENT ORGANIZERS WILL BE PROVIDED TO YOU AS DESCRIBED. TALENTFAM DISCLAIMS ALL RESPONSIBILITY FOR AND LIABILITY RESULTING FROM THE NEGLIGENCE, INTENTIONAL MISCONDUCT, OR CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY OR PROPERTY DAMAGE THAT OCCURS TO YOU, THIRD PARTIES, OR PROPERTY WHILE USING OR RECEIVING VENDOR SERVICES.
THE PLATFORM AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY GUARANTEE OR WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY FOR YOUR PARTICULAR USE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DISCLAIM THAT THE PLATFORM OR SERVICES ARE FREE FROM ERROR OR VIRUSES; THAT THEY WILL NEVER CAUSE HARM; THAT THEY MEET OR BE SUITABLE FOR YOUR NEEDS OR REQUIREMENTS; THAT THEY ARE ALWAYS AVAILABLE; OR THAT THEY ACCURATELY REPRESENT VENDORS AND VENDOR SERVICES. WE EXPRESSLY DISCLAIM ANY OBLIGATION TO CORRECT ERRORS, EVEN THOSE THAT WE ARE AWARE OF, AND MAY CHOOSE TO DISCONTINUE OPERATION OF THE PLATFORM OR SERVICE, OR FEATURES OF EITHER, AT ANY TIME.
5.4 Representations and Warranties
By opening your Account, you represent and warrant that (a) you are authorised to use the Platform and Services and have authority to execute this Agreement; (b) that you have only one Account with us and have not had an Account terminated by us previously; (c) all information provided to us is accurate and complete; (d) you will not use the Platform or Services in violation of Law, to commit fraud, to deceive other users, or for any other improper purpose; and (e) you are authorised to provide any Content to us.
When using the Platform or Services as a Vendor, you further represent and warrant that (f) you are permitted under applicable Laws to List any Vendor Services provided; (g) your Listing of a Vendor Service itself comply with applicable Laws.
When using the Platform or Services as an Event Organizer, you further represent and warrant that (h) you will comply with any Booking Agreements; (i) you will not use Vendor Services as part of an event that violates Laws, or that facilitates the violation of either by third parties.
You will indemnify, defend and hold Talentfam and its owner(s), agents, members, information providers, attorneys, or affiliates (collectively, “Talentfam Affiliates”) harmless against all third-party claims, liabilities, losses, damages, and related expenses (including reasonable legal expenses) (collectively, “Claims”) arising from or related to (a) provision of your Vendor Service (for Vendors), or use of Vendor Services (for Event Organizers); (b) content you provide through the Platform; (c) your failure to comply with Laws; (d) your providing of information to us that is inaccurate or incomplete, (e) your breach of any of your obligations under this Agreement, and (f) any contract or other agreement between you and any other user other than through the Platform. This indemnification will survive termination of this Agreement.
5.6 Limitations of Liability
EXCEPT TO THE LIMITED EXTENT OF THE TALENTFAM FEES (AS DEFINED BELOW) UNDER NO CIRCUMSTANCES OR ANY LEGAL THEORY WILL TALENTFAM OR ITS OWNERS, AGENTS, MEMBERS, INFORMATION PROVIDERS, ATTORNEYS, OR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, GENERAL, COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR OTHERWISE), INJURY, CLAIM OR LIABILITY OF ANY KIND OR CHARACTER BASED UPON OR ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM OR TALENTFAM SERVICES, OR VENDOR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH THE PLATFORM OR SERVICES, OR ANY CONTENT CONTAINED THEREIN, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM AND SERVICES.
AS USED HEREIN, “TALENTFAM FEES” SHALL MEAN THE AMOUNT PAID BY THE VENDOR TO TALENTFAM AFTER AN ACCEPTED BOOKING REQUEST.
THE LIMITATION OF LIABILITY SET FORTH ABOVE APPLIES TO THE EXTENT PERMITTED BY LAW.
5.7 Entire Agreement; Interpretation
This Agreement together with any Booking Agreement constitutes the entire agreement between you and Talentfam governing your use of the Platform or Services. This Agreement supersedes all prior understandings or agreements between you and Talentfam. As between you and Talentfam, this Agreement controls over any conflicting terms in a Booking Agreement except where expressly stated otherwise and agreed upon in writing between the parties.
(a) Any monetary amounts described in the platform and this agreement will be in CHF ("Fr"), EUR ("€"), USD ("$") or GBP (“£”).
You must agree to this Cancellation Policy as part of the Terms of Service in order to use the Talentfam platform. If you do not agree to this policy, you must not use the platform.
FULL REFUND POLICY
You can cancel your booking by logging in to your Account and hit the button "CANCEL" next to the relevant booking. If you cancel at the latest 7 days after the time you sent the booking request to your magician, as long as it is no later than 3 days before the time of the main show, you will receive full refund (minus 4% of payment processing fees). If you cancel at a later date, no refund is possible.
FULL REFUND IN OTHER CASES
- When you send a Booking Request to your Event Vendor, the latter has 24 hours to respond to this request. If the Event Vendor does not confirm the Booking Request, then the amount paid returns in full to your credit card.
- In the rare scenario when your Event Vendor has to cancel a confirmed Booking, you will be informed promptly and you will receive full refund. Additionally, we will assist you in finding an alternative solution.
In case of any issue during the booking, you can report it through your Account by clicking "REPORT AN ISSUE" within 48 hours after the date of the main show. We will make sure to communicate the issue with your Event Provider and try to find a solution. If no solution is found, you can initiate an official dispute.
If you want to offer “Vendor Services” through the Talentfam Platform, you must read and agree to be bound by these policies for Vendors ("Vendor Policy"). If you do not accept this Vendor Policy in full in addition to the "Terms of Service", you shall not use the Talentfam platform to list and provide your "Vendor Services".
This Vendor Policy is designed to encourage the highest standards of Vendor behavior in their relationships with Customers by setting clear expectations, and to provide the principles to guide Vendors when providing Services and interacting with Customers. However, our Vendors come from all over the world and are thus accustomed to a variety of different cultural norms. As a result, this Vendor Policy attempts to adopt universally accepted standards of respect and tolerance. This Vendor Policy does not attempt to address every potential situation that could arise when Vendors interact with Customers, but instead provides principles for ethical and professional behavior that can serve as guidance regarding Talentfam expectations.
1. VENDOR REGISTRATION
In order to become a Vendor, you must first submit a complete application ("Vendor Application") together with a copy of your passport or other official identification card issued by the applicable government authorities through the Talentfam Platform. Your completed Vendor Application will be evaluated by Talentfam for approval. If your Vendor Application is approved, you will have the ability to create and manage an account on the Talentfam Platform, and you can begin providing "Experiences" to your Customers.
To the extent permitted by applicable law, Talentfam may obtain (i) background check reports from public records or through third party vendors regarding matters such as criminal convictions or sex offender registrations, and/or (ii) identity verification check reports. As a condition of applying to become a Vendor, you agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports.
2. VENDOR SERVICES
After your application is accepted, you can configure from your dashboard the Vendor Services ("Experiences") that will be listed on the Talentfam platform. You must only select the features that you are experienced and comfortable to perform.
Details of "Experiences" and their features can be found in section 3.1.1 of the Terms of Service.
3. SERVICE GUIDELINES
3.1 Setting up your prices and availability
After your successful registration in the Talentfam platform, you have access to your dashboard. In this dashboard you are able to:
- Define your services ("Experiences"), i.e. which Booking Types you offer, for how many participants, for which duration, and in which area (in case of In-Person experiences).
- Set up the prices for your Experiences. You can adjust your prices anytime from your dashboard at your own will.
- Specify your availability, i.e. the time slots during the week in which you are available to offer Experiences and are visible to other Users for Booking Requests.
3.2 Booking Request
Once a Customer selects you on the Talentfam platform and finalizes the booking process, you will receive a Booking Request. To proceed, you agree to the following:
- Use the Talentfam Platform to manage all Booking Requests from Customers;
- Respond to all Booking Requests with “Accept” or ”Decline”. Booking requests expire after 24 hours – make sure you reply on time;
- In case of Pre-Show Video Call with your Customer, ensure you keep a record of all important details of the communication between you and your Customer;
- Respond promptly to all related communications, whether from a Customer or from Talentfam.
3.3 Booking Policy
All Vendors are expected to comply with the following policies when providing Experiences:
- Commit to your scheduled Booking. A confirmed Booking is a commitment you make with your Customer. Cancel as a last resort. If you know you will be away and unable to respond to Booking Requests for a certain period, update the availability information on your Talentfam dashboard or change your status to “Inactive” accordingly.
- Start your Experience on time. In your dashboard you can configure buffer time you may need after your bookings, consider preparation time or transportation in between your shows.
- Personalize your Experience. Consider any information you have received either from the Pre-Show Form or from the discussion you had with your Customer during the Pre-Show Video Call. In case of Pre-Show Video Call, be prepared to ask relevant questions and/or offer a quick demonstration (demo) of your main Show.
- Wait for a late Customer. If the Customer or other Participants are late for a scheduled Booking, you should be available until the end of the period for the scheduled Booking. You should be available to start Experiences at any time during the scheduled period for the Booking. You are not, however, required to make up for lost time due to the Customer’s late arrival.
- End Experiences on time. You should politely let your Customers know that their Bookings are ending by reminding them before the end of the Booking time period. You may politely mention that you need to prepare for an upcoming Booking with another Customer.
- Health & Safety above all. You must consider any potential risks associated during the interactions with the participants of the event. You should never perform any actions that may cause accidents or injuries.
- Be Cultural sensitive. Respect the values and traditions of your Customers. Unless specifically requested, please avoid asking about personal lives, political or religious affiliations.
- Respect Customer's privacy. Recording audio or video of a booking is not permitted without the Customer's prior written or recorded consent.
3.4 Booking rejection, cancellation, and rescheduling
If you will be unable to provide your Services, you have the following options:
- When a Booking Request is sent to you, you have 24 hours to reply. You may DECLINE it if you are unable to commit to it. Customer's payment will be returned in full to the Customer.
- After you have accepted a Booking Request, you may still CANCEL it if you unable to perform your services in the agreed date and time. Customer's payment will be returned in full to the Customer, and you will be charged the payment processing fee from Stripe (usually of 2.9% + 0.30). Please cancel your Bookings as a last resort and well in advance if possible. In case of several booking cancellations, your participation in the platform may be suspended or completely removed.
- There is no rescheduling possible via the Talentfam platform.
3.5 Payment and disputes
To benefit of the Talentfam platform, you agree to the following:
- You use your Stripe account to handle your payments. In case you do not have a Stripe account yet, you need to create one and go through the onboarding process from Stripe;
- After the funds from your Customer's payment are available in your Stripe account, you have the options to withdraw them, leave them in your Stripe account or even refund your Customer if needed;
- For the intermediary services, Talentfam will charge you a fee only after you have received the payment from you Customer in your Stripe account;
- You must also legally report income generated via the Talentfam platform to your business and it is your responsibility to do so. If you are responsible for charging local taxes on services, you must also comply with these regulations.
- In case of any disputes initiated by your Customer, you are responsible of handling them. We, Talentfam, and our partner, Stripe, can provide support in handling disputes if needed.
3.6 Additional guidelines
You also agree the following additional guidelines in connection with providing your Services on the Talentfam Platform:
- Maintain records of all invoices and payments in connection with your Services;
- Cooperate with Talentfam in any anti-fraud actions;
- Report any violation of the Talentfam Terms or any other Talentfam Policies, including misuse of ratings and feedback.
4. VIOLATION OF THIS VENDOR POLICY
You are expected to perform any Service in a manner that satisfies the standards described above and results in a consistently high level of Customer satisfaction. You are in breach of this Vendor Policy, if you:
- Fail to deliver any Service for which payment was accepted;
- Fail to take reasonable efforts to resolve a dispute with a Customer;
- Create unacceptable levels of Customer dissatisfaction;
- Violate any Talentfam Terms or any other Talentfam Policies.
Talentfam reserves the right to take any of the following actions at any time and in its sole discretion:
- Cancel your listed Experiences;
- Limit your access to your dashboard;
- Suspend or terminate your Talentfam Vendor Account;
- Contact law enforcement or seek legal remedies.
5. VENDOR CONTENT
The terms of this section regarding Vendor Content applies to all Vendors providing Services on the Talentfam Platform.
5.1 Vendor Content Ownership
Any content, video or any other materials submitted to the Talentfam Platform in connection with your Account and Services, such as your introduction video, constitute H Content. You own the copyright to your H Content, and Talentfam does not claim any ownership rights in any H Content.
5.2 Talentfam License to Vendor Content
In addition to the license you grant to Talentfam to use, view, copy, modify, distribute, publish and otherwise exploit your Vendor Content, you hereby grant Talentfam a license to use your Vendor Content (including your introduction video) and information about your Services in marketing, advertising and promotion of the Talentfam Platform in any medium. For the avoidance of doubt, Talentfam may publish your introduction video to Talentfam's official channels on third-party video hosting and streaming services, such as YouTube. Talentfam will remove any Vendor introduction videos from our official channels on third-party video hosting and streaming services upon written request from such Vendor sent to Talentfam Support. You also grant Talentfam the right to use your profile name as part of our marketing, advertising and promotion of the Talentfam Platform.
In addition to complying with the restrictions regarding improper use of the Talentfam Platform described in the Terms of Service, you agree not to, and will not assist, encourage, or enable Customers or other Vendors to:
- Provide or post false, misleading, or inaccurate information on the Talentfam Platform, including in your Vendor profile;
- Fail to establish or maintain your Vendor profile to ensure that it contains complete, accurate, and updated information;
- Provide your Services for free or in exchange for positive feedback or ratings from Customers;
- Provide your Services to any "fake" Customers created by yourself or any third party to drive up your Booking counts and ratings in bad faith;
- Advertise or promote third party booking services;
- Encourage or allow Customers to do Bookings outside of the Talentfam Platform. If a Customer asks you to provide Services outside of the Talentfam Platform, you can report it to the Talentfam Support for Vendors.
In the event that you violate the prohibitions set forth in this section, Talentfam reserves the right to immediately suspend or deactivate your Account. If you believe that others have violated these prohibitions, or if you are not sure whether any specific actions would violate these prohibitions, please contact Talentfam Support for Vendors immediately.
7. CONTACTING VENDOR SUPPORT
If you wish to report a violation of this Vendor Policy, Talentfam Terms or any other Talentfam Policies, or have any questions or need assistance, please contact Talentfam Support for Vendors by writing to the email email@example.com