General Terms of Service
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General Terms of Service
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GENERAL TERMS OF SERVICE
Last updated: Tuesday, 6 December 2022.
These Terms of Service (“Terms”) are a binding legal agreement between you and Curate and govern your right to use the website(s), applications, and other offerings from Curate (collectively, the “Curate Platform”). When used in these Terms, “Curate,” “we,” “us,” or “our” refers to the Curate entity as set out on Schedule 1 with whom you are contracting.
The Curate Platform offers an online portal that enables users (“Users”) to publish, offer, search for, and book services. Users who publish and offer services are “Content Creators” or “Creators”, and Users who search for, book, or use services are “Clients”.
Content Creators offer services associated with photography, videography, cinematography, editing, sound design, post-production and other peripheral services (collectively, “Creator Services”).
In order to access and use many of the features on the Curate Platform, you must register an account to access, and must keep your account information accurate.
As the provider of the Curate Platform, Curate does not own, control, offer or manage any Creator Services. Curate is not a party to the contracts entered into directly between Creators and Clients, nor is Curate an agency or insurer. Curate is not acting as an agent in any capacity for any Content Creator, except as specified in the Payments Terms of Service (“Payment Terms”). To learn more about Curate’s role see Section 15, and to view our Payment Terms please follow this link.
Please note that we maintain other terms and conditions and policies that supplement these Terms. For example, our Privacy Policy, which describes our collection and use of personal data, and our Payments Terms, which govern any payment services provided to Users by the Curate payment entities (collectively "Curate Payments").
If you are a Creator, you are responsible for understanding and complying with all laws, rules, regulations, and contracts with third parties that apply to your Creator Services.
TABLE OF CONTENTS
LISTING ON CURATE
CREATING AND MANAGING YOUR CREATOR PROFILE
CANCELLATIONS AND PROJECT MODIFICATIONS
SEARCHING AND SELECTING CREATORS WITH CURATE
CANCELLATIONS, REFUNDS AND PROJECT MODIFICATIONS.
YOUR RESPONSIBILITIES AND ASSUMPTION OF RISK.
TAXES
REVIEWS
CONTENT
FEES
RULES
TERMINATION, SUSPENSION AND OTHER MEASURES.
MODIFICATION
CURATE’S ROLE
DISCLAIMER OF WARRANTIES
LIMITATIONS ON LIABILITY
INDEMNIFICATION.
CREATOR TERMS
1. LISTING ON CURATE
1.1 Creator. As a Creator, Curate offers you the right to use the Curate Platform to share your Creator Services with Clients. These Creator Services will be used to complete “Projects” in exchange for remuneration. Projects are further explained under Section 3.
1.2 Profile. You can set up a “Creator Profile” on the Curate Platform, with the following details: the categories of Creator Services offered by you, the price range for your Creator Services, your written biography, Past Creator Projects, examples of Content produced by you, Creator Rating and estimated delivery times for content deliverables.
1.3 Creator Rating. In order to maintain the integrity of the Curate Platform, and allow for constructive feedback, we have implanted a rating system on which Creators can be assessed on the Creator Services offered through the Curate Platform. Creator Ratings are comprised of Reviews (see Section 9 below) and other metrics as determined by Curate.
1.4 Contracting with Clients. When you accept a Project request, or receive a Project confirmation through the Curate Platform, you are entering into a contract directly with the Client, and are responsible for delivering your Creator Service(s) under the terms and at the price specified for each Project. You also agree to pay applicable fees like Curate’s Service Fee (and applicable taxes) for each Project. Curate will deduct amounts you owe from your pay-out unless where otherwise agreed upon in writing by Curate and Creators. Any terms, policies or conditions that you include in any supplemental contract with Clients must: (i) be consistent with these Terms, Policies, and the information provided in your Creator Profile, and (ii) be prominently disclosed in your Creator Profile description.
1.5 Independence of Creators. Your relationship with Curate is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Curate, except that Curate acts as a payment collection agent as described in the Payments Terms. Curate does not direct or control your Creator Service, and you agree that you have complete discretion whether and when to provide Creator Services, and at what price and on what terms to offer them.
2. CREATING AND MANAGING YOUR CREATOR PROFILE
2.1 Creating and Managing your Creator Profile. The Curate Platform provides tools that make it easy for you to set up and manage a Creator Profile. Your Creator Profile must include complete and accurate information about your Creator Services, your Creator rates and any rules or requirements that apply to Clients or your Creator Profile. You are responsible for keeping your Creator Profile information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your equipment and/or Creator Services. You may only maintain one Creator Profile with Curate.
2.2 Understand Your Legal Rights and Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Creator Services, Creator Profile and Projects. For example: if you are not a licensed unmanned aerial vehicle (“UAV”) pilot, then you are legally prohibited from obtaining commercial gain from the use of an UAV . You are responsible for handling and using personal data of Clients and others in compliance with applicable privacy laws and these Terms, including applicable privacy standards. If you have questions about how local laws apply you should always seek legal advice – this is not a full list of your legal rights and obligations.
2.3 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your Creator Services. You are responsible for setting your price and establishing rules and requirements for your Creator Profile. You must describe any and all fees and charges in your Creator Profile and may not collect any additional fees or charges outside the Curate Platform except those expressly authorised. Do not encourage Clients to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Curate Platform.
2.4 Listing as an Organisation. If you work with a co-creator or other content creator as part of a team, business, or other organisation, the entity and each individual who participates in providing Creator Services is responsible and liable as a Creator under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorised to enter into contracts for and behalf of your team, business or other organisation, and that each entity you use is in good standing under the laws of the place where it is established. If you perform other functions, you represent and warrant that you are authorised to perform those functions. If you instruct Curate to transfer a portion of your pay-out to a co-creator or other Creators, or to send payments to someone else, you must be authorised to do so, and are responsible and liable for the payment amounts and accuracy of any pay-out information you provide.
2.6 Your Assumption of Risk. You acknowledge that content creation carries inherent risks and agree that you assume the entire risk arising out of your access to and use of the Curate Platform, offering Creator Services, or any interaction you have with other Users whether in person or online. You agree that you have had the opportunity to investigate the Curate Platform and any laws, rules, regulations, or obligations that may be applicable to your Creator Profile or Creator Services and that you are not relying upon any statement of law made by Curate.
3. CANCELLATIONS AND PROJECT MODIFICATIONS
3.1 Cancellations. In general, if a Client cancels a Project, the amount paid to the Creator is determined by the cancellation policy that applies to that Project. As a Creator, you should not cancel on a Client without a valid reason under our Cancellation Policy or applicable law. If you cancel on a Client without such a valid reason, Curate may impose a cancellation fee where applicable. If a Project is cancelled in terms of the Cancellation Policy as set out under Section 13 of these Terms, the amount you are paid as a Creator will be reduced by the amount we refund or otherwise provide to the Client, and by any other reasonable costs we incur as a result of the cancellation. If a Client receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Curate exceeds your pay-out, Curate may recover that amount from you, including by offsetting the refund against your future pay-outs. You agree that Curate’s refund policy and these Terms pre-empt the cancellation policy you set in situations where they allow for the cancellation of a Project and/or the issuance of refunds to Clients. If we reasonably expect to provide a refund to a Client under one of these policies, we may delay release of any pay-out for that Reservation until a refund decision is made.
3.2 Project Modifications. Creators and Clients are responsible for any Project Modifications they agree to make via the Curate Platform or direct Curate customer service to make on their behalf (“Project Modifications”), and agree to pay any additional amounts, fees or taxes associated with a Project Modification.
CLIENT TERMS
4. SEARCHING AND SELECTING CREATORS WITH CURATE
4.1 Searching. You can search for Creator Services by using criteria like the type of Creator Service or Project budget or Project date. You can also use filters to refine your search results. Search results are based on their relevance to your search and other project parameters. Relevance considers factors like price, availability, Reviews, customer service and cancellation history, popularity, previous projects and saved Creator Profiles, Creator requirements and more.
4.2 Confirming a Project. When you confirm a Project, you are agreeing to pay all charges for your Project including the Creator’s rate, applicable fees like Curate’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, “Total Project Cost”). In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Project, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Creator Profile or during checkout that apply to the Project. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to confirming a Project. Be aware that some Creators work with a co-Creator or as part of a team to provide their Creator Services.
5. CANCELLATIONS, REFUNDS AND PROJECT MODIFICATIONS.
5.1 Cancellations and Refunds. In general, if a Client cancels a Project, the amount refunded to you is determined by the cancellation policy that applies to that Project. But, in certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control forces you to cancel a Project, you may be eligible for a partial or full refund under our policies. If the Creator cancels, you may be eligible for rebooking assistance or a partial or full refund under our policies. Different policies apply to certain categories of Creators. See each Additional Legal Term or Policy for details about what is covered, and what refund applies in each situation.
5.2 Project Modifications. Clients and Creators are responsible for any booking modifications they agree to make via the Curate Platform or direct Curate customer service to make on their behalf, and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.
6. YOUR RESPONSIBILITIES AND ASSUMPTION OF RISK.
6.1 Your Responsibilities. You are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to any Creator Service. You must act with integrity, treat others with respect, and comply with applicable laws at all times. If you are booking for an additional Client who is a minor or if you bring a minor to a Project, you must be legally authorised to act on behalf of the minor and you are solely responsible for the supervision of that minor.
6.2 Your Assumption of Risk. You acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Curate Platform and any Content (as defined in Section 10), use of any other Creator Service, or any other interaction you have with other Users whether in person or online. This means it is your responsibility to investigate a Creator Service to determine whether it is suitable for you. For example, Creator Services may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those Creator Services.
GENERAL TERMS
7. TAXES
7.1 Creator Taxes. As a Creator, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable VAT or other taxes ("Taxes").
7.2 Collection and Remittance by Curate. In jurisdictions where Curate facilitates the collection and/or remittance of Taxes on behalf of Creators, you instruct and authorise Curate to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Curate are identified to Users on their transaction records, as applicable. Curate may seek additional amounts from Users (including by deducting such amounts from future pay-outs) in the event that the Taxes collected and/or remitted are insufficient to fully discharge that User’s tax obligations, and you agree that your sole remedy for Taxes collected by Curate is a refund from the applicable Tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Users, to cease the collection and remittance of Taxes in any jurisdiction for any reason.
7.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from pay-outs to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from pay-outs to you, we may withhold pay-outs up to the amount as required by law, until sufficient documentation is provided. You agree that Curate may issue on your behalf invoices or similar documentation for VAT or other Taxes for your Creator Services to facilitate accurate tax reporting by you, our Clients, and/or their organisations.
8. REVIEWS
After each Project, Creators and Clients will have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our policy guidelines. Reviews are not verified by Curate for accuracy and may be incorrect or misleading.
9. CONTENT
Parts of the Curate Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Content”). By providing Content, in whatever form and through whatever means, you grant Curate a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit, that Content, without limitation. If Content includes personal information, our Privacy Policy describes how we use that personal information. Where Curate pays for the creation of Content or facilitates its creation, Curate may own that Content, in which case supplemental terms or disclosures will regulate that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorised to grant Curate the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party.
10. FEES
Curate may charge fees (and applicable Taxes) to Clients and Creators for the right to use the Curate Platform. Except as otherwise provided on the Curate Platform, service fees are non-refundable. Curate reserves the right to change the service fees at any time, and will provide Users notice of any fee changes before they become effective. Fee changes will not affect Projects made prior to the effective date of the fee change. If you disagree with a fee change you may terminate this agreement at any time pursuant to Section 12.2. More information on our fees can be found on our Service Fee page.
11. RULES
You must follow these rules and must not help or induce others to break or circumvent these rules.
Act with integrity and treat others with respect
Do not lie, misrepresent something or someone, or pretend to be someone else.
Be polite and respectful when you communicate or interact with others.
Do not discriminate against or harass others.
Do not scrape, hack, reverse engineer, compromise or impair the Curate Platform
Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Curate Platform.
Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Curate Platform or Content.
Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Curate Platform.
Do not take any action that could damage or adversely affect the performance or proper functioning of the Curate Platform.
Only use the Curate Platform as authorised by these Terms or another agreement with us
You may only use another User’s personal information as necessary to facilitate a transaction using the Curate Platform as authorised by these Terms.
Do not use the Curate Platform, our messaging tools, or Users’ personal information to send commercial messages without the recipient’s express consent.
You may use Content made available through the Curate Platform solely as necessary to enable your use of the Curate Platform as a Client or Creator.
Do not use Content unless you have permission from the Content owner or the use is authorised by us in these Terms or another agreement you have with us.
Do not request, make, or accept a booking or any payment outside of the Curate Platform to avoid paying fees, taxes or for any other reason.
Do not require or encourage Clients to open an account, leave a review, complete a survey, or otherwise interact, with a third-party website, application or service before, during or after a Reservation, unless authorised by Curate.
Do not engage in any practices that are intended to manipulate our search algorithm.
Do not book Creator Services unless you are actually using the Creator Services.
Do not use, copy, display, mirror or frame the Curate Platform, any Content, any Curate branding, or any page layout or design without our consent.
Honour your legal obligations
Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorised to do so, and (iii) authorise us to process that information under our Privacy Policy .
Read and follow our Terms and policies.
Do not use the name, logo, branding, or trademarks of Curate or others without permission.
Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Curate branding.
Do not offer Creator Services that violate the laws or agreements that apply to you.
12. TERMINATION, SUSPENSION AND OTHER MEASURES.
12.1 Term. The agreement between you and Curate reflected by these Terms is effective when you access the Curate Platform (for example to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.
12.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Curate may terminate this agreement and your account for any reason by giving you 30 (thirty) days’ notice via email or using any other contact information you have provided for your account. Curate may also terminate this agreement immediately and without notice and stop providing access to the Curate Platform if you breach these Terms, you violate our additional legal terms, or Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Curate, its Users, or third parties. If your account has been inactive for more than 2 (two) years, we may terminate your account without prior notice.
12.3 User Violations. If (i) you breach these Terms, our policies (ii) you violate applicable laws, regulations, or third-party rights, or (iii) Curate believes it is reasonably necessary to protect Curate, its Users, or third parties; Curate may, with or without prior notice:
suspend or limit your access to or use of the Curate Platform and/or your account;
suspend or remove Creator Profiles, Reviews, or other Content;
cancel pending or confirmed Projects; or suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Curate determines in its sole discretion, you will be given notice of any intended measure by Curate and an opportunity to resolve the issue. You may appeal actions taken by us under this clause by contacting customer service. If a Project is cancelled under this Section, the amount paid to the Creator will be reduced by the amount we refund or otherwise provide to the Client, and by any other costs we incur as a result of the cancellation.
12.4 Legal Mandate. Curate may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 13.3.
12.5 Effect of Termination. If you are a Creator and terminate your Curate account, any confirmed Project(s) will be automatically cancelled and those Clients will receive a full refund. If you terminate your account as a Client, any confirmed Projects(s) will be automatically cancelled and any refund will depend upon the terms of the Projects cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Curate Platform has been limited, or your Curate account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Curate Platform through an account of another User.
12.6 Survival. Parts of these Terms that by their nature survive termination, will survive termination of this agreement, including Sections 2 through 17.
13. MODIFICATION
Curate may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the Curate Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the Curate Platform will constitute acceptance of the revised Terms.
14. CURATE’S ROLE
We offer you the right to use a platform that enables Users to publish, offer, search for, and book Creator Services and/or Projects. While we work hard to ensure our Users have great experiences using Curate, we do not and cannot control the conduct of Clients and Creators. You acknowledge that Curate has the right, but does not have any obligation, to monitor the use of the Curate Platform and verify information provided by our Users. For example, we may review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Curate Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Listings that don’t meet quality and eligibility criteria. Users acknowledge and agree that Curate administers its policies and Standards (such as basic requirements for Creators), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist Curate in good faith, and to provide Curate with such information and take such actions as may be reasonably requested by Curate with respect to any investigation undertaken by Curate regarding the use or abuse of the Curate Platform. Curate is not acting as an agent for any User except for where Curate Payments acts as a collection agent as provided in the Payments Terms.
15. DISCLAIMER OF WARRANTIES
We provide the Curate Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Client, Creator, Creator Service, Listing or third party; (ii) we do not warrant the performance or non-interruption of the Curate Platform; and (iii) we do not warrant that verification, identity or background checks conducted on Listings or Users (if any) will identify past misconduct or prevent future misconduct. Any references to a User or Listing being "verified" (or similar language) indicate only that the User or Listing or Curate has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
16. LIMITATIONS ON LIABILITY
Neither Curate (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Curate Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Curate Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Curate Platform, or (iv) publishing or booking of a Listing, including the provision or use of Creator Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Curate has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose. Except for our obligation to transmit payments to Creators under these Terms, in no event will Curate’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the Curate Platform, any Content, or any Creator Service, exceed: (A) to Clients, the amount you paid as a Client during the 12-month period prior to the event giving rise to the liability, (B) to Creators, the amount paid to you as a Creator in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred Rands (R100). These limitations of liability and damages are fundamental elements of the agreement between you and Curate. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
17. INDEMNIFICATION.
To the maximum extent permitted by applicable law, you agree to release, defend (at Curate’s option), indemnify, and hold Curate (including Curate Payments, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our Additional Legal Terms, Policies or Standards, (ii) your improper use of the Curate Platform, (iii) your interaction with any User or other Creator Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
SCHEDULE 1 - CONTRACTING ENTITY
Please note that this is an important notice regarding the Electronic Communications and Transactions Act 25 of 2002 (the “ECTA”).
In terms of section 43 of the ECTA, the following information must be published:
NAME:
Curate Technologies (Pty) Ltd.
REGISTRATION NUMBER:
2019/626297/07
LEGAL STATUS:
Proprietary Limited (also known as a private company), duly registered in terms of the company law of the RSA
BOARD OF DIRECTORS:
Juan Steyn (Identity Number available upon request )
Matthew Anthony Alexander (Identity Number available upon request)
PHYSICAL ADDRESS:
Unit 111
Mason’s Press Building
7 Ravenscraig Road
Woodstock
Republic of South Africa
7925
ELECTRONIC MAIL:
WEBSITE:
www.curatedforyou.co.za
PRIVACY:
Please refer to our Privacy Policy for more information.