Terms of Service

Thank you for using HeyCast!

These Terms of Service (“Terms”) govern your access to and use of the websites we own or control, including but not limited to: heycast.co,  along with our related applications,  networks, mobile application(s), and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and HeyCast regarding your use, including the rules for your use of the Service.

By using HeyCast, you are agreeing to be bound by the following terms. If you are not eligible or you do not agree to these terms, please do not access our website or use any of our products or services.

1. Our Service

Our Mission is to provide a  platform that connects Casting Directors with individuals seeking talent positions (Talent) and those who represent Talent (Agents)  to instantly book & manage Talent for Film and TV productions while providing complete transparency end to end, resulting in operational efficiencies. To help advance this mission, we need to be able to identify you, your project requirements and your skills.

In providing the HeyCast platform, we don’t participate in the actual booking of users or payment transaction itself. We don’t act as an agent for either party. We also don’t take part in the actual provision of Member Services.  

2. Who can use HeyCast?

HeyCast can only be used in compliance with these terms and all applicable laws.  

You can only use HeyCast if:

– You are at least 18 years old or, if you are under the age of 18,  you possess the legal consent of your parent or guardian to access and use the Service;
– You have not previously been suspended or removed from the Service;
– You complete the registration process and provide true, correct and up-to-date information
– Your registration and your use of the Service is in compliance with any and all applicable laws and regulations.

In order to use our Services, you only need one account. You are not permitted to register as a User under multiple identities, personas, or aliases (whether they are false or not).

If you are an entity, organization, or company, the individual accepting this Agreement on your behalf represents and warrants that they have authority to bind you to this Agreement.

You are not permitted to use HeyCast if:

– We’ve previously disabled your account for violations of our Terms or Policies;
– You are prohibited from receiving our products, services, or software under applicable laws.
– You are a convicted sex offender;
– You are directly or indirectly involved in the operation of an entity that competes with our Services.

You agree that we may automatically update the Software and understand these Terms apply to any updates.

You may not misuse our Services by interfering with their normal operations, or attempting to access them using a method other than through the interfaces and instructions that we provide. 

3. Responsibility for Minors

HeyCast is intended for persons aged 18 or over. Legal guardians may register and operate a profile for a minor. By registering and operating a profile on behalf of a minor, you acknowledge that some parts of HeyCast may contain material that is inappropriate for minors, and you agree to supervise all activity that occurs on the minor’s profile.

Currently and without limit, individuals who are under 18 may not operate their own registered profile on HeyCast. If you register on behalf of a minor, you must still comply, and must ensure the minor complies with these Terms  and provide the required consents in relation to these Terms of Use and Privacy Policy (on behalf of the minor). Any breach of these Terms of Use by the minor is deemed to be a breach by you. You must ensure that any access by the minor to HeyCast or to communications made via HeyCast  is fully supervised by you. You or a minor registered by you are not permitted to upload images of an adult or inappropriate nature. Minors may not advertise casting calls or jobs. From time to time, HeyCast  may advise you of other policies or conditions that apply to the profiles of minors. You must comply with those policies or conditions if you are to continue using HeyCast.

4. Our License

To enable you to use and enjoy HeyCast, we grant you a limited, non-exclusive, non-transferable and revocable license to use our site and services in accordance with our terms.

5. Your Account

To access HeyCast, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, including your name, email address or other contact information. You agree that the information you provide us is accurate and that you will maintain and update your personal and account information, to ensure it’s always current and correct. We may contact you to verify your details.

You’re responsible for all the activity that happens on your account. To protect it, keep your login information secret and secure, change your password regularly, and don’t let anyone else use your membership.

Unless we give specific prior approval, your membership is not transferable and can’t be sold, leased, lent or traded. 

Anything that you add to your profile or otherwise make available on HeyCast is referred to as “User Content”. You retain all rights in, and are solely responsible for, the Content you post to HeyCast.

6. Commercial Use

If you do open an account for a company, organization, or other entity, then “you” includes you and that entity, and you promise that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf.

Our Service is directed to people residing in New Zealand and/or Australia. We do not represent that content available on or through our Service is appropriate for use or available in other locations.

7. How HeyCast can use your Content

You grant HeyCast and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to host, use, store, display, reproduce, save, modify, perform and distribute your Content on the HeyCast platform solely for the purpose of operating, developing, providing and using HeyCast. Nothing in these terms restricts other legal rights HeyCast may have to User Content, for example under other licenses.

We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. HeyCast may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates this Agreement or is otherwise objectionable. You understand that when using the Service you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against HeyCast with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to this Agreement, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. HeyCast does not permit copyright-infringing activities on the Service.

When you create a profile, you understand that HeyCast will publish your information and photos within the platform, and allow other HeyCast members to contact you. You agree that you will not use the contact system to send junk mail, spam, offensive messages, or for any purposes other than those directly related to Castings. HeyCast will be the sole judge of any breach of the conditions of use. Any breach of these conditions can result in your membership being terminated and a permanent ban from HeyCast. No refund will be given if you have breached the conditions of use.

8. How long do we keep your Content?

Following termination or deactivation of your HeyCast Account, or if you remove any Content from HeyCast, some of your User Content may need to be kept for a reasonable period of time for backup, archival or audit purposes. HeyCast and some pertinent HeyCast users may retain and continue to access content shared with them such as timesheets and agreements that are also stored on their HeyCast accounts.

9. Prohibited Content

By using HeyCast, you agree not to:

– Use the Service for any illegal purpose or in violation of any local, state, national, or international law;

– Violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;

– Post, upload, or distribute any User Content or other content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;

– Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;

– Interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

– Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Service account without permission, or falsifying your age or date of birth;

– Sell or otherwise transfer the access granted under this Agreement or any Materials or any right or ability to view, access, or use any Materials; or

 – Attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.

We are not responsible for viruses and you must not introduce them. We do not guarantee that the Service will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Service will cease immediately.

10. User Conduct

We don’t control you or any of our other Members, so we aren’t responsible for your conduct, or theirs, nor do we pre-screen every listing, feedback or other communication before it’s posted on HeyCast. Because of this, we take no responsibility for any misconduct of our Members. For example, we are not liable if:

1. Member has registered under false pretences or has attempted to defraud you;
2. A listing is inaccurate or untrue
3. A user fails to complete a booking –  for example, Talent doesn’t turn up to their booking on set. 

11. Feedback

We take feedback seriously and we hope you do too. The feedback you provide on other User’s accounts must not contain offensive, defamatory or retaliatory language or content. What’s ‘offensive’? We mean anything we find offensive, in our opinion.

Feedback will be edited or removed if HeyCast considers that:

• it contains swear words or other offensive or inappropriate content.
• it contains defamatory statements.
• it contains a user’s private personal information, contact details or other means to individually identify the user.
• the user placing feedback has been permanently removed from HeyCast
• the feedback contains unfactual statements or otherwise does not accurately reflect the outcome of the booking.
• the feedback refers to any ongoing investigation by HeyCast, the police, or any other authorised party.
• HeyCast receives a court order to remove feedback, or where HeyCast otherwise considers it appropriate to remove the feedback.

Take care not to post defamatory statements about anyone, as you can be held legally responsible for damaging another member’s reputation. A widely used definition is:
A defamatory statement is one that tends to lower the person in the estimation of right-thinking members of society, or which tends to cause him or her to be shunned or avoided, or which tends to cause a person to be exposed to hatred, contempt or ridicule, or which is a false statement about a person to his or her discredit.

We’ll remove any infringing feedback that we become aware of, but we hope that you’ll be considerate and constructive.

12. Respond to our Reasonable Requests

We may contact you to request further information about your account, project or castings, if we need to. For example, we may ask you to provide some proof that a project is legitimate, or that it meets any relevant safety standards or laws

13. Location Based Services

Some of HeyCasts features of the Service may enable us to access your location in order to tailor your experience with the Service based on your location. In order to use certain Location-based Services, you must enable certain features of your device, which enable HeyCast to identify your location through a variety of means, including but not limited to: GPS location, IP address, cell tower location, geo-fencing technology, or detection by physical on-location Wi-Fi or Bluetooth sensors, as available. If you choose to disable any Location-based Services on your device, you will not be able to utilize certain features of the Service. By enabling Location-based Services, you agree and acknowledge that device data we collect from you is directly relevant to your use of the Service; HeyCast may provide Location-based Services related to and based on your then-current location; and HeyCast may use any such information collected in connection with provision of the Service.

14. Feedback & Support

We value your feedback and are always interested to hear your ideas on how we can improve your HeyCast experience. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, HeyCast doesn’t waive any rights to use similar or related feedback previously known to HeyCast, or developed by its employees or obtained from sources other than you. HeyCast is under no obligation to implement requests. Any changes made or features created will be available to all users.

Technical support is only provided to paying account holders and is available via email. 

HeyCast will provide Support, including any maintenance or upgrades that HeyCast releases for your account at no additional cost.
You acknowledge that HeyCast may be temporarily unavailable for scheduled maintenance or for unscheduled maintenance, either by HeyCast or by third-party providers, or because of other causes beyond HeyCast’s reasonable control. HeyCast will not be liable for any such unavailability, but shall use reasonable efforts to provide advance notification of any scheduled service disruption.

15. Confidentiality

Each party must, unless it has the prior written consent of the other party:
a) keep confidential at all times the Confidential Information of Projects or Users they interact with on the HeyCast platform;
b) effect and maintain adequate security measures to safeguard the other party’s Confidential Information from unauthorised access or use; and
c) disclose the other party’s Confidential Information to its personnel or professional advisors on a need to know basis only and, in that case, ensure that any personnel or professional advisor to whom it discloses the other party’s Confidential Information is aware of, and complies with this clause.

The obligation of confidentiality stated in this clause does not apply to any disclosure or use of Confidential Information:
a) for the purpose of performing a party’s obligations, or exercising a party’s rights, under these Terms;
b) required by law;
c) which is publicly available through no fault of the recipient of the Confidential Information or its personnel;
d) which was rightfully received by a party from a third party without restriction and without breach of any obligation of confidentiality; or
e) by us if required as part of a bona fide sale of our business (assets or shares, whether in whole or in part) to a third party, provided that we enter into a confidentiality agreement with the third party on terms no less restrictive than this clause.

16. Termination

You may terminate your account at any time by selecting ‘Deactivate Account’ , which can be found at the end of your profile page or by contacting customer service at support@heycast.co. Similarly, we may refuse to offer some or all of our Services to you without prior notice, for any reason. 

You are solely responsible for properly cancelling your account.

All of your Content may be deleted from the Service upon cancellation. This information may not be recovered once your account is cancelled.

HeyCasts may terminate or suspend your right to access or use HeyCast for any reason on appropriate notice. We may terminate or suspend your access immediately and without notice if we have a good reason, including any violation of our terms.

If we have restricted or prohibited your access to our Services, we will have done this for a reason and, if we can, we’ll tell you why. You agree not to bypass these controls, for example, you agree not to create a new membership. If we have explained why your access to our Services has been restricted or prohibited, we reserve the right to cease further correspondence with you.

If your membership is terminated (by you or by us), your ability to access our Site will end and you must stop using our Services. Certain clauses from these Terms will continue to apply after termination, including clauses 4, 8, 24, 26, 27 & 31. If you visit our Site after termination, or otherwise use our Services, these Terms will apply.

If you terminate a subscription in the middle of a billing cycle, you will not receive a refund for any period of time you did not use in that billing cycle unless you are terminating these terms for any of the following reasons:
a) We have materially breached these terms and failed to cure that breach within 30 days after you notified us in writing; or
b) A refund is required by law.

Upon termination of this Agreement, your license rights will terminate and you must immediately cease all use of the Service; you will no longer have access to your account, you must remit to HeyCast any unpaid amounts due, prior to termination; and upon termination of this Agreement, all payment obligations accrued prior to termination will survive. If HeyCast removes your membership due to a breach of this agreement, no refund will be given. 

17. Account Inactivity

HeyCast may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email before terminating your account to provide you with an opportunity to log into your account so that it remains active.

18. Copyright

HeyCast is protected by NZ and international copyright laws. You may not modify, duplicate, reproduce or distribute the content, design or layout of the service without our express written consent.

You may not purchase, use, reverse engineer or access HeyCast in order to build a competitive product or service, build a product using similar features, functions or graphics of the Service, or copy any features, functions or graphics of the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with HeyCast. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. 

19. Privacy

You consent to the collection and use of certain of your personally identifiable information in accordance with our Privacy Policy. By using the Service, you consent to such processing and you warrant that all data provided by you is accurate;

Please read our Privacy Policy carefully for information relating to our collection, use, storage, disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, this Agreement.

20. Security

We care about the security of our users. While we work to protect the security of your content and account, HeyCast can’t guarantee that unauthorized third parties won’t be able to defeat our security measures. You must notify us immediately of any compromise or unauthorized use of your account.

You are solely responsible for maintaining the confidentiality of your account and password and you accept responsibility for all activities that occur under your account. HeyCast is not liable for any loss or damage from your failure to comply with this security obligation.

If you believe that your account is no longer secure, then you must immediately notify us at support@heycast.co.

21. Third Party Sites and Services

HeyCast may contain links to third party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by HeyCast. We don’t endorse or assume any responsibility for any such third party sites, information, materials, products, or services. If you access any third party website, service, or content from HeyCast, you do so at your own risk and you agree that HeyCast has no liability arising from your use of or access to any third party website, service, or content.

Your access to use the Service may be subject to separate third party terms of service and fees, including your mobile network operator’s terms of service.

22. Fees

HeyCast reserves the right to determine pricing for the Service. You’ll be able to review and accept any fees before you join HeyCast, and must pay them when they’re due. By using our Services, you agree to pay our fees.

We may change our fees. We’ll notify you about fee changes, usually by email, and we’ll generally give you at least two weeks’ notice. If we introduce a new Service, the fees for that Service are effective at the time the new Service is launched. If you want to know what our current fees are at any time, please get in contact with us.

By using our service, you authorize HeyCast to charge for the level of Service you select, to the payment method specified in your account. If you pay any fees with a credit card, HeyCast’s payment provider may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase. We have systems in place to reduce the risk of credit card fraud, but we’re not responsible for protecting you from credit card fraud. Our fraud protection systems may block legitimate credit card payments from time-to-time. We understand this can be frustrating but hope you’ll understand that the cause is worthwhile. If we block your legitimate credit card payment, you may need to pay by other means.

This Service may include automatically recurring payments for periodic charges (“Subscription Service”). If you activate a subscription service, you authorize HeyCast to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The Subscription Billing Date is the date when you purchase your first  subscription to the service. We will bill the periodic subscription fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the subscription service by accessing your account settings and clicking on “Deactivate Account” or by contacting us at support@heycast.co. 

All of our fees are exclusive of GST (or any equivalent local taxes in your location), unless we clearly express our fees as including GST (or any equivalent local taxes in your location). 

23. Taxes, Fees & Commissions

You are responsible for paying your own taxes, fees or commissions owed on any bookings or payments you receive via HeyCasts service.

24. Our System & Service may not always be available

We work hard to ensure the security and performance of our Services but we don’t guarantee that our Services will meet your specific requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the Service will be corrected.

Our Service and all content on HeyCast is provided on an “as is” basis without warranty of any kind, whether express or implied.  That means your use of our Services is at your own risk. You are responsible for taking all necessary precautions to ensure that any content you obtain from the service is free of viruses. The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

If you are using our Services for a personal purpose, then nothing in our Terms limits any consumers’ legal rights that may not be waived or limited by contract.

Any information or advice that we may give you regarding or during your use of our Services is also subject to the disclaimers in these Terms and won’t create any warranty that isn’t expressly given in these Terms.

25. Use our Service as intended

Keep it honest, legal, relevant and use our Services as intended

Be clear and upfront: All Castings must be accurate, current, complete and include all relevant information and the key terms.

Keep it legal: Castings and bookings must comply with all laws. For example: (a) you must have the right to create the Listing.  b) The casting must be accurate and not misleading, which includes ensuring no material information is left out; (c)  Your casting must not breach any legal requirements, e.g. all jobs Listings must comply with the Human Rights Act and all other relevant employment laws.

Use as intended: Our service has a clear function and purpose. You must use our Service for its intended purpose and must not misuse it in order to avoid our fees, advertise your business or manipulate search results.  If you’re ever in doubt about how to use our Services, feel free to get in touch with us.

26. Indemnity

You agree to indemnify us and hold us harmless against any claim made by yourself or any third party that is in any way related to:
(a) your access to or use of our Service;
(b) your failure to complete a transaction;
(c) your breach of these Terms; or
(d) any content that you submit, post, transmit or make available through our Services.

Your indemnity under this clause covers all losses, damages or expenses (including legal costs) that we may suffer or incur.

27. Liability

To the maximum extent permitted by law, you assume full responsibility for any loss or damage that results from your use of the Site and Services. We won’t be liable to you or any other person in connection with the Services, this Site, your use of the Services or Site, or another Member’s acts or omissions, whether for negligence, breach of contract, breach of statutory duty or otherwise. We won’t be liable for anything that is outside of our reasonable control. We won’t be liable for any loss or damage, whether direct or indirect. 

Neither party is liable to the other under or in connection with these Terms or the Service for any:
a) loss of profit, revenue, savings, business, use, data, and/or goodwill; or
b) consequential, indirect, incidental or special damage or loss of any kind. 

Neither party will be responsible, liable, or held to be in breach of these Terms for any failure to perform its obligations under these Terms or otherwise, to the extent that the failure is caused by the other party failing to comply with its obligations under these Terms, or by the negligence or misconduct of the other party or its personnel.

Each party must take reasonable steps to mitigate any loss or damage, cost or expense it may suffer or incur arising out of anything done or not done by the other party under or in connection with these Terms or the Service.

28. Disputes with another User

You agree to try to resolve any disputes you have with another User directly with them. 

We do try to offer help and information where we can, but please keep in mind that we’re not a party in any agreement between you and another Member, and there’s only so much we can do. Because we care about our Members’ privacy, if you’re taking a dispute with another Member to the Disputes Tribunal or other tribunal or committee, we’ll only release that Member’s details if you sign a statutory declaration. We can provide you with a statutory declaration form if you need one.

29. Disputes with HeyCast

If you have a dispute with us, please get in touch and we’ll try to resolve it informally. If we need to contact you about a dispute, we will do so at the email address on your HeyCast account or any other reasonable method. If HeyCast hasn’t been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms through binding arbitration or (for qualifying claims) in small claims court.

The Commerce Commission is responsible for enforcing a number of consumer laws, including the Fair Trading Act (which prohibits false and misleading behaviour). If you have a complaint about HeyCast being misleading, you can refer it to the Commission.

HeyCast is proudly Kiwi and these Terms are governed by the laws of New Zealand. If there’s a dispute, it will be resolved in New Zealand.

30. Notification procedures and changes to these Terms

We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that’s what we decide. We may revise these Terms from time to time and the most current version will always be posted on our website. If a revision, in our discretion, is material, we’ll notify you. By continuing to access or use HeyCast after revisions become effective, you agree to be bound by the new Terms. If you don’t agree to the new terms, please cease using HeyCast. 

31. We have broad rights and remedies if our terms are breached

Without limiting any other rights and remedies available to HeyCast, we may limit your activities on the Site, remove your content, warn other Users of your actions, issue a warning to you, suspend or terminate your membership, or refuse to provide our Services to you (and your affiliates), if you breach our Terms, or where we consider it appropriate.

If we don’t immediately take action on a breach of these Terms, that doesn’t mean we’re giving up any rights to do so and we can take action later.