1. Introduction
1.1. This agreement sets out the terms and conditions that apply to your use of the MyGiglists website and the services that are provided through it.
1.2. By using the website or its services, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must not use the website or its services.
1.3. These terms and conditions may be updated from time to time, and the latest version will be available on the website. It is your responsibility to check for updates. Your continued use of the website and its services will constitute acceptance of the latest version.
2. Definitions
2.1. In this agreement, the following terms have the following meanings:
- MyGiglists refers to the website operated by MyGiglists registered in Nigeria with registration number…………………… with its address at 119 Obafemi Awolowo Ikeja by Allen roundabout Lagos Nigeria.
- “Musician user” refers to a registered user of MyGiglists who provides musical services for events.
- “Client/employer user” refers to a registered user of MyGiglists who seeks musicians for events.
- “Services” refers to the services provided by MyGiglists, including but not limited to the musician search and booking assistance for musicians in musical events.
- “Website” refers to MyGiglists’ website.
3. User Accounts
3.1. To use the services provided by MyGiglists, you must create a user account by providing accurate and complete information.
3.2. You are responsible for maintaining the confidentiality of your account login details and for all activities that occur under your account.
3.3. You must notify MyGiglists immediately of any unauthorized use of your account or any other breach of security.
3.4. MyGiglists reserves the right to terminate your account or refuse service to anyone for any reason at any time.
4. Services
4.1. MyGiglits aims to provide a platform where musician seekers can find musicians for their events. Non-musician users can search for musicians, communicate with them through the website’s messaging system, and send booking requests for their events. If a musician user accepts the request, the musician user must check in at the event location at earliest 6 hours before the event time and latest 6 hours after the event time to complete the booking request.
4.2. MyGiglists is not involved in any way in the money transfer between the client/employer and musician user in return of any services provided by the musician user or vice versa. Any dispute between them, including but not limited to no showing-up at the event, underpayment or no payment for any services provided by the musician user, is out of scope of MyGiglists’ responsibilities. MyGiglits holds no responsibility for the disputes that erupt from bookings between users. If a musician user takes a payment for any service he/she/they provided, this user is the sole responsible person to declare this income to tax authorities, including FRS and pay the liabilities with regards to this income.
4.3. The musician and the client/employer are solely responsible for their interaction with each other and for any transaction between them.
4.4. MyGiglists does not endorse any musician or clients/employers and is not responsible for the accuracy or reliability of any information or content posted on the website by users.
4.5. MyGiglits reserves the right to modify or discontinue any aspect of the website or its services at any time, without notice or liability.
4.6. MyGiglists strongly adheres to the agreement of one musician to a client/employer at a time. It is one musician per event; any double-dealing in this respect is strongly prohibited.
5. User Conduct
5.1. You must not use the website or its services for any illegal or unauthorized purpose.
5.2. You must not post or transmit any material that is defamatory, obscene, threatening, or otherwise
offensive.
5.3. You must not engage in any activity that could harm MyGiglists, its users, or its services, or with other users’ use of the website or its services.
5.4. You must not use any automated means to access the website or its services or to collect information from the website or its services.
5.5. You are solely responsible for your use of the website and its services, and for any consequences that may arise from such use.
5.6. MyGiglists may, at its sole discretion, remove any material that violates these terms and conditions or that it deems to be inappropriate.
5.7. You agree that you will not use the website or its services to:
- Upload, post, email, transmit, or otherwise make available any content that is illegal, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers to disguise the origin of any content transmitted through the website or its services.
- Upload, post, email, transmit, or otherwise make available any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
6. Intellectual Property
6.1. MyGiglists and its licensors own all intellectual property rights on the website and its services, including but not limited to the design, graphics, logos, and text.
6.2. You may not use or reproduce any of the intellectual property on the website or its services without the express written consent of MyGiglists or its licensors.
6.3. By uploading or submitting any content to the website or its services, you grant MyGiglists a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content in any form, format, or media now known or hereafter developed.
7. Subscriptions
7.1. MyGiglists is free for subscription, but a commission of 10% on the total booking fee is charged whenever a musician is hired through a Listing or contacted directly via the platform. This service fee applies to any opportunity initiated on the platform where the musician receives payment, regardless of where further communication occurs.
7.2. Also, by subscribing to the premium services, clients/employers will be charged 10% of the total transaction.
- By doing this , it would help the small booking of Mygiglists
- It will also help the client/employer to utilize some other premium services on the platform.
7.3. Payment for the commission will be processed through the website’s payment processor linked to our payment gateway, and you will be required to provide valid payment information.
7.4. The commission will be automatically deducted for every transaction, and you will be charged 10% total amount of the transaction.
7.5. You may cancel the subscription at any time by accessing your account settings on the website and following the cancellation instructions.
7.6. If you cancel your subscription, the premium services provided will stop immediately, and your created service contents will not be shown in searches anymore.
8. Limitation of Liability
8.1. MyGiglists will not be liable for any damages, including but not limited to direct, indirect, incidental, punitive, and consequential damages, arising from your use of the website or its services.
8.2. MyGiglists will not be liable for any errors, omissions, or inaccuracies in the information or content posted by users, or for any loss or damage of any kind arising from your reliance on such information or content.
8.3. MyGiglists will not be liable for any damages resulting from the inability to use the website or its services, or for any goods, services, information, or other material obtained through the website or its services, or for any transactions entered into through the website or its services.
8.4. MyGiglists will not be liable for any damages arising from the interaction between musician and clients/employers, or from any transaction between them.
8.5. MyGiglists’ liability will be limited to the amount paid by you to MyGiglists for the services that gave rise to the claim.
8.6. You agree to indemnify and hold MyGiglists harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your use of the website or its services, your violation of these terms and conditions, or your violation of any rights of another user or third party.
9. Termination
9.1. MyGiglists may, at its sole discretion, terminate your access to the website or its services at any time, without notice or liability.
9.2. Upon termination, you must immediately cease using the website and its services. MyGiglists may delete any of your user content or other information on the website.
10. Governing Law and Jurisdiction
10.1. This agreement will be governed by and construed in accordance with the laws of Lagos state and Nigeria
10.2. Any dispute arising out of or in connection with this agreement will be subject to the exclusive jurisdiction of the Nigerian courts.
11. Disclaimer
11.1. MyGiglists makes no warranty that the website or its services will meet your requirements or be available on an uninterrupted, timely, secure, or error-free basis.
11.2. MyGiglists makes no warranty regarding the quality of any products, services, information, or other material purchased or obtained through the website or its services, or any transactions entered into through the website or its services.
11.3. MyGiglists makes no warranty that any information or content posted on the website by users is accurate, reliable, or complete.
11.4. MyGiglists does not endorse any opinions, advice, or statements made by users of the website or its services, and will not be responsible for any reliance on such opinions, advice, or statements.
12. Miscellaneous
12.1. These terms and conditions constitute the entire agreement between you and MyGiglists, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and MyGiglists.
12.2. Any waiver of any provision of this agreement will be effective only if in writing and signed by MyGiglists.
12.3. If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
12.4. You may not assign this agreement or your rights or obligations hereunder without the prior written consent of MyGiglists
12.5. MyGiglists may assign this agreement or its rights or obligations hereunder without your consent.
12.6. Nothing in this agreement creates a partnership, joint venture, agency, or employment relationship between you and MyGiglists
12.7. The headings used in this agreement are for convenience only and have no legal or contractual effect.
12.8. Booking is not agreed until it is formally requested using the “Hire me for a gig” button on the musician’s gig page.
12.9. Suppose a Booking initiated via MyGiglists website is agreed in person but not completed via the MyGiglists website. In that case, MyGiglists cannot be responsible for any cancellations or issues relating to the Booking, and no payment or musician replacement guarantees will apply.
12.1.0 If a booking is secured more than 28 days before the Event date, then payment is taken in milestones.
- Clients/employers pay a 30% deposit when securing their booking.
- The remaining 70% of the Artist’s fee and any travel expenses are automatically transferred from the client/employer to MyGiglists before the Event date and then released to the Artist within 5 working days after the Event.
12.1.1. If a booking is secured less than 28 days before the Event date, then the full payment (including the deposit) is taken in a single stage when the client/employer secures their booking.
12.1.2. Booking postponements or date changes are at the discretion of the Musicians, and may be treated as a client/employer cancellation in the absence of a suitable new booking date. Please note that a new deposit or compensation fee may be charged by the Musicians in the event of a booking postponement or date change.
12.1.3. Delayed payments may incur additional fees, and any payments owed at the point of cancellation will still be due for payment per MyGiglists’s Cancellation Policy, unless they have been waived in writing by a member of the MyGiglists team.
12.1.4. If a Musician cancels (having previously accepted a Booking Request) and a client/employer has previously purchased MyGiglists Cover,MyGiglists agrees to offer the client/employer a replacement Musician of the same standard and style as the Musician which was originally booked. If this Musician requires payment greater than what has already been paid for the booking, MyGiglists will cover the difference up to a maximum of 10% of the original booking value. The client/employer will be required to cover any remaining additional expense.
12.1.5. If MyGiglists is unable to source a replacement act matching the original requirements of the booking, the client/employer shall be entitled to a full refund.
12.1.6. If MyGiglists can provide a replacement, the client/employer may nevertheless choose at their discretion to instead receive a full refund of the original amount paid.
12.1.7. If a replacement Artist is found and accepted by the client/employer, the original terms of the booking between the client/employer and original Musician will apply to the replacement Musician, and the established booking details will be considered to form a contract between the client/employer and replacement Musician.
12.1.8. Once a booking has been secured, clients/employers should not communicate changes to booking details to the Musician without first contacting MyGiglists.
13. Injury & damage to instruments or equipment
13.1. MyGiglists will not be liable for any injury to persons or damage to instruments or equipment resulting from a booking through the Site or Application. We encourage musicians to check, and if necessary, purchase their insurance policy before performing any Services. MyGiglists is not party to any disagreement between clients/employers and Musicians regarding claims for damages of any form.
14. Intermediation and Circumvention
14.1. By booking an Artist through MyGiglists and benefitting from MyGiglist’s service, clients/employers agree not to take bookings originating on MyGiglists outside of the platform or use the service to generate further bookings outside of the platform. This is against our terms, and clients/employers who do so may be banned from using MyGiglists in the future.
14.2. If a client/employer wishes to offer a Musician further work as a result of MyGiglits booking, they should contact the MyGiglists team with the details.
15. Communication and Performance Conditions
15.1. The client/employer is responsible for ensuring that MyGiglits is given accurate and thorough details relating to the event location and timings. If these details were not communicated in the initial enquiry, they should be confirmed with the Musician in writing using the Message feature on the MyGiglits platform. Failure to do so may result in the MyGiglits not knowing at what time they are expected to be performing or being unable to find the venue at which the Event is being held on the day. In such cases, the Musician may be owed full payment.
