Tagmin Terms and Conditions
This Platform and related Services (each as defined below) are provided by “Tagmin”, a trading name of Tagmin Limited, whose trading address and registered office is 16 Garrick Street, London, WC2E 9BA. VAT number 227621320. Registered in England and Wales, Company Number 8753738 (we, our, us).
References to you and your are to you, as a visitor to our Platform or recipient of our Services. Where an individual acts in a capacity as an employee of a business the Terms apply as and between us and your employer, and the individual’s actions shall be considered to be the actions of the employer.
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Use of Tagmin
You should print and keep a copy of these Terms for your records as at the date of joining or renewing any subscription to our Services.
Types of user and relationships between them
There are three types of users of our Platform:
(1) the agency acting on behalf of Talent (Agents);
(2) performers, creatives and crew – such as, but not limited to, actors, voice artists, dancers, presenters, models, writers, directors, casting directors, as well as other cast and crew, or anyone else that an Agent represents and invites to engage with Agents via the Platform (Talent); and
(3) casting directors who use our platform, including but not limited to the Yes/No feature to update Agents and Talent when the casting status of a role has changed (Casting Directors).
Together the three types of users are Users. These Terms apply to all Users. Not all services and part of the Platform are available to all types of User. For example, Talent can only use parts of the Platform once they accept an invitation from an Agent, which may be sent via the Platform.
Users may have pre-existing legal or other relationships between them, for example the agency relationship between an Agent and the Talent they invite to use the platform. The Platform is not designed to enable the conclusion of any legal or other agreement or relationship and does not facilitate this. You are advised to ensure that any negotiation, agreement or proof of acceptance of terms between you and another User; verification of identity, qualifications, entitlement or status; or any formalities necessary for the relationship between you and another User, is concluded separately and outside of the Platform. Without limitation, Agents are responsible for the management of Talent’s personal information via the Agent’s use of the Platform and for any permissions, consents or grants of rights (including rights in copyright, related rights, image rights and trade mark rights) to use, edit, share or otherwise communicate any content received from Talent via the Platform. Talent agrees that we are not responsible for any use by an Agent of Talent’s self-tapes or other material or data by Agents to whom Talent has submitted the same. We are not responsible for the terms of any agreement concluded via the Platform, nor the absence of any agreement.
Agents may send information to or receive information from Talent via the Platform. If Talent ceases to work with an Agent, or otherwise objects to the Agent’s retention or use of any information received from or relating to Talent, the Agent is responsible for ensuring that they have a continuing right to keep possession of any such information or for deleting such information and for marking the Talent as an ex-client. All Users acknowledge that we shall not be responsible for assessing any legal claim or right that a User may have to continued access to, or deletion of, information or persons. All Users agree that we shall not be responsible for any breach of contract, tort or any other liability of or related to Users that may result from a User’s retention or deletion of any data received via the Platform from other Users.
Services available and our agreement
Tagmin makes certain services available through the Platform (including but not limited to TagTapes, TagVoice, TagExtras, TagProjects, TagTexts, TagRep, TagWeb and Yes/No) (Services). Some Services are available only to certain categories of Users. Your use of any of these Services is subject to these Terms.
For paid services, the services available to you, any restrictions on the use of the services (such, for example, the maximum number of users) and the subscription fees, are agreed via the online order or application form hosted on the Site, or via another form or summary of terms sent to you by Tagmin which expressly states that it is to form an agreement for use of the Services (the Order Form). A record of the details you submit via the Order Form will be sent to you at the email address that you input into the Order Form, which may be in the form of our invoice.
By clicking to accept these Terms when purchasing or subscribing to our Services or by accessing the Platform and, if applicable, using the Services, you will be deemed to have understood and accepted these Terms which form a binding agreement between you and us.
All Services forming part of your subscription, including any technical support, are provided only to you and not to any third party, except as explicitly stated otherwise. Technical support is made available to Agents only.
Privacy and personal data
For the purposes of this section, data protection laws shall mean all applicable laws in respect of data protection and personal data including the UK Data Protection Act 2018 and the EU General Data Protection Regulation 2016 (for data subjects based in the EU/EEA) and the terms controller, data subjects, personal data, personal data breach, processing, processor and supervisory authority shall have the meaning given to them in the Data Protection Act 2018.
Agents manage the personal data of Talent that is received or shared via the Platform as controller (including via other platforms) (e.g. agency member data/Talent data). Where you act as Agent, you confirm your understanding of your role as data controller (as defined within applicable data protection laws), in regard to the administration of your Talent’s data and agree to comply with all applicable requirements of data protection laws in respect of processing such data. In particular, when using our Services you confirm to us that you have all necessary consents and/or permissions from your clients (or their parent/guardian) to receive their personal data via the Platform and process it using the tools available on the Platform.
We acknowledge that we process personal data as processor on behalf of Agents as controller (e.g. agency member data/Talent data). When acting as a processor of the personal data that Agents receive or share via the Platform as controller, we shall:
- only process personal data for the purposes of providing the Services, complying with these Terms, or in accordance with the controller’s written instructions (save where we need to provide personal data to comply with applicable laws);
- notify the controller as soon as practicable if we reasonably believe our processing of personal data breaches data protection laws;
- ensure our relevant staff are bound by confidentiality;
- provide the controller with reasonable assistance in respect of notifying any personal data breaches to a supervisory authority or data subjects and in completing any data protection impact assessment in relation to the Services;
- notify the complainant to contact the controller if we receive any complaint, claim, allegation or other correspondence from a data subject, and notify the controller if a complaint is received by a supervisory authority or other third party in relation to your or our compliance with data protection laws;
- notify the requestor to contact the controller if we receive a data subject rights request and provide the controller with reasonable assistance in complying with such request;
- have in place appropriate technical and organisational measures to prevent personal data breaches;
- notify the controller without undue delay in the event we discovered a personal data breach and provide the controller with reasonable assistance in remedying and mitigation such personal data breach;
- ensure that any sub-processors (for which general consent is given) are bound by terms similar to those detailed within (i) – (xi) of this section, and we shall be liable for our sub-processors;
- not transfer personal data outside of the United Kingdom or European Economic Area without ensuring that such transfers comply with applicable data protection laws; and
- provide the controller with information (upon request and no more than once per year) demonstrating our compliance with the obligations detailed within (i) – (x).
Tagmin recognises that the protection of children is of paramount importance. By using the Platform, you agree to abide by our Safeguarding Policy.
Changes to these Terms
We may revisit and amend these Terms from time to time. If the changes are material, we will endeavour to provide reasonable advance notice to you. By continuing to use the Platform after any changes have been made (and, if material, notified), you will be deemed to have accepted those changes and be bound by them. If you do not accept any changes to these Terms, you should not continue to use the Platform.
These Terms were last updated on 5th February 2024.
You acknowledge that any applications available within the Platform and all Tagmin material published on the Platform including but not limited to text, graphics, photos, logos, button icons, images, trademarks, audio and audio visual clips, databases, data compilations, data and software (excluding any content you upload to the Platform) (the Platform Content) is owned and controlled by or licensed to us. You may not copy, adapt, display, communicate to the public or otherwise use any Platform Content except as enabled and permitted by the Platform functions .
In consideration of you agreeing to comply with the provisions of these Terms, and in consideration of the payment of any fees set out in the Order Form in respect of Services, we grant you a non-transferable, non-exclusive licence to use our Platform, subject to these Terms and the Privacy Notice.
You promise that all information provided by you to us, or to others via the Platform, is truthful, honest and accurate. You are solely responsible for ensuring that you have all the necessary rights to all photography, voice clips, showreels, materials and content that you upload to or share via the Platform or Services, including content that you import from other sites such as spotlight.com or filmmakers.com (Your Content), including without limitation all rights required to enable access to Your Content by other users of the Platform or Services with whom you share Your Content. You hereby grant to us a royalty-free, worldwide, irrevocable licence in perpetuity to edit, alter, creative derivative content from, display, host and store Your Content via the Platform for the purpose of providing the Services.
You may not upload any content that (a) contains defamatory, misleading, threatening, abusive, pornographic, or otherwise objectionable material; (b) advocates bigotry, hatred, or illegal discrimination; or (c) violates any law, any intellectual property, publicity, privacy, or other right of others, or any licence or other agreement by which you are bound.
Tagmin account and use of the Platform
Agents may register for an account with us to use our Platform by completing and submitting the Order Form. Talent may register an account upon receiving an invitation from their Agent. Casting Directors may register an account in order to use the Yes/No feature and may interact with the site through other services including but not limited to TagTapes.
In order to register you must be over 18 and have the power to enter into a contract with us and you must not be prevented from doing so under any local laws. Children are not permitted to create accounts or utilise our Services. When dealing with clients that are between the ages of 4-17, Agents should send the invitation to such persons’ parents or legal guardians to register an account and utilise the Services as Talent on their behalf.
As part of your account registration and our security procedures, you will be required to use an email address, a password and any other information required by us (together, your “User Identification Data”). You must treat such User Identification Data as confidential and not disclose it to any third party. An individual agent user account can only be logged in from one device at a time.
You are responsible for ensuring that anyone who accesses the Platform or Services through your Tagmin account is aware of these Terms and that they comply with them.
If you know or suspect that anyone other than you knows your User Identification Data, you must immediately change your User Identification Data and promptly notify our customer service team. If Agents that suspect that anyone other than the relevant individual user knows their User Identification Data, Agents can, and must, lock the relevant user accounts using the Agent’s superuser account.
Agents are responsible for the configuration of their account through a “superuser” account nominated by the Agent.
You may use the Platform and Services for lawful and professional purposes only. In particular, but without limitation, you may not use the Platform or the Services:
- in any way that is unlawful (meaning, for these purposes, in breach of any applicable legislation, codes, regulation and/or guidelines) or fraudulent, or has any unlawful or fraudulent purpose or effect;
- to make any use of or interfere with the Platform or Services such that the whole or part of the Platform is interrupted, damaged, rendered less efficient, or the effectiveness or functionality of the Platform is in any way impaired;
- to transmit any data, send or upload any material that contains viruses, Trojan horses, worm, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of the Platform or Services or any computer software or hardware;
- to transmit any material, or behave in any manner, that is defamatory, harassing, offensive or of an obscene or menacing character, or in such a way as to cause annoyance, inconvenience or needless anxiety; or is otherwise unsuitable, inappropriate or objectionable (in our sole determination);
- to (nor to facilitate any third party to) copy, reproduce, transmit, distribute, publish, commercially exploit or create derivative works of the Platform, Platform Content (and associated ideas and information), any website, database or publication or the Tagmin name or logo, without our prior written permission except where permission is expressly provided on the Platform to download such Platform Content;
- to upload, post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, including without limitation, promotional materials that are in the nature of “junk mail,” “spam,” or “chain letters”;
- to misrepresent facts when using the Platform or Services, by using the name or details of another party or by submitting materials for a party without their consent;
- to utilise the Platform or any information, content or any data you view on and/or obtain from the Services to provide or promote any service that is competitive with the Services; or
- to engage in any other activity deemed by us (in our sole discretion) to be in competition with or in conflict with the spirit or intent of Services and the requirements of these Terms.
We reserve the right to take appropriate action to respond to or prevent any contravention of the above and/or any other contravention of the Terms and/or Tagmin security guidelines.
You will be assumed to have obtained permission from the owner(s) of the device(s) used to access our Platform (the Devices). Charges may apply in respect of each use of such Device(s), such as for internet access/ data usage. You accept responsibility for the Device(s) you use to access our Platform, including that they are technically appropriate for use of the App and that appropriate measures are in place to ensure security.
The Platform may enable the import of data from, or the export of data to, third party platforms and services, such as spotlight.com and filmmakers.com. Data import or export from third party platforms will only be permitted if you hold a valid subscription to those services. You are responsible for ensuring that all import and export of data is in compliance with the terms of such third party services and platforms. It is your responsibility to ensure that any import or export of data is complete and accurate.
You are responsible for ensuring that your use of the Platform, engagement with other Users and, if relevant, operation of your business or career, complies with all applicable law, including ensuring that all invoices, client statements and any other reports or documents generated within Tagmin meet all regulatory requirements and contain all information required by law.
Scraping or Extraction – Prohibition
In addition to and notwithstanding any restrictions noted above, the extraction, copying or reuse of any Platform Content, data or other information from the Platform or Services by any automated system, software, manual process or otherwise, for use in other sites, applications or systems is strictly prohibited. You shall not engage in such acts or activity, nor authorise or facilitate others in relation to the same, without our express written permission which will be subject to further written terms.
Subscription term, renewal and prices
You can choose to pay for subscriptions to Services on either a monthly or yearly basis. Regardless of how you choose to pay, all subscriptions to Services carry an initial one year term (the Initial Period) and cannot be cancelled within that Initial Period. At the end of the Initial Period the subscription will continue automatically for either additional monthly or additional annual periods (each an Additional Period) depending on whether you pay monthly or annually. You can terminate your subscription with effect from the end of the Initial Period or any Additional Period by giving us at least 30 days’ notice via the cancellation process set out on the Platform. There will be no refunds or credits for partial months of service, a reduction in your number of users, or refunds for months unused.
We may change the price of the Services at any time by prior notice to you (which may be via the Platform). Any new price will be applicable to you at the start of the next Additional Period following the notification.
Payment for subscriptions must be made in accordance with the selected plan. Prices and features for subscription plans are subject to change in accordance with these Payment Terms. Notice of any price changes will be provided to you in advance, and you will have the option to change or cancel your subscription if you do not agree with the new pricing in accordance with these Payment Terms.
Changes to a subscription plan, such as adding additional users, will result in an immediate adjustment to the subscription fee on the date of access to the new plan and its features. If the adjustment results in the subscription fee being lowered, a credit may be issued (at the Company’s discretion) and this can be used against future purchases.
We may, from time to time, adjust the allocation of features and capabilities among different subscription tiers. We will make reasonable efforts to provide advance notice to you of any material changes which affect you.
We require payment of the whole of the price for the Services that you order before your order can be accepted, either by payment in full, or by setting up a valid Direct Debit or SEPA mandate or recurring card payment. It is not our policy to offer credit accounts for payments. Please do not be offended if we refuse your request.
You will be charged in the currency indicated at the checkout and payment will be expected in that currency. We are not responsible for any additional fees your own bank may charge.
We accept Visa, MasterCard, American Express, Diners Card, debit card, CHAPS, Direct Debit, SEPA and bank transfer. If we need to refund you for any reason, we will submit the refund to the payment method on which the order was placed.
Once you have submitted your payment details, your order will automatically proceed and we will not be able to stop the payment going through at this stage. Should you have any concerns regarding a payment that has been sent through for processing, please contact us.
If you receive an invoice from us, or receive a Service from us without paying in advance or on the day, the payment terms will be stated on the invoice, if applicable, or payment will be due immediately. We reserve the right not to provide you with additional Services, even if a deposit or full payment has been made, until all due payments have been received.
Tagmin reserves the right to charge interest monthly in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 for late settlement of accounts from the due date up to the receipt of payment. We may also seek to recover any related debt collection agency costs.
You can also pay your subscription fee by Direct Debit, or by recurring card payment in the form of a Continuous Payment Authority (CPA). The terms of your payment method may be determined by agreements between you and the financial institution, debit/credit card issuer or other provider of your chosen payment method.
Direct Debit and SEPA
Once your Direct Debit or SEPA is set up, your subscription fee will be automatically paid until you cancel your mandate. If you do not wish to continue paying by Direct Debit or SEPA, you must contact your bank and ask them to cancel the mandate, and you must also contact us to arrange for an alternative payment method. Please note, this will not automatically cancel your subscription, which may continue until cancelled in accordance with these Terms.
Direct Debit and SEPA instructions are managed by GoCardless. You can view their terms here: https://gocardless.com/legal/.
We reserve the right to remove or refuse, for any reason whatsoever and at any time, the ability for you to choose to pay by Direct Debit or SEPA.
It is important that you keep your email address for Direct Debit/SEPA communications up to date.
Recurring card payments
If you purchase a subscription using a debit or credit card on a recurring basis, also referred to as a Continuous Payment Authority (CPA), you agree that we and/or our authorised service providers may store your payment information which may include tokenised card details. By choosing this payment method you authorise us to set up and use CPA as the payment method using the details you have provided, and you give us authority to renew your subscription on a continuous basis until otherwise notified.
We reserve the right to make price changes to future subscription fees. This will not affect your payments already made. We will always notify you of any changes in fees in advance of your annual or monthly subscription renewal.
Availability of the Platform and Services
The Platform, Services and the Platform Content (which includes content that is supplied to us by third parties either directly or indirectly) are provided on an “as is” and “as available” basis and we make no warranties, guarantees or representations, whether express or implied, in relation to the Platform Services or the Platform Content, including but not limited to implied warranties or conditions or completeness, accuracy, satisfactory quality, availability and fitness for a particular purpose.
Your access to the Platform, Services and Platform Content may be suspended or restricted occasionally to allow for maintenance, repairs, upgrades, or the introduction of new services. We will try to limit the frequency and duration of any unplanned disruption, but we will not be liable to you if for any reason the Platform, Services and Platform Content are unavailable at any time or for any period.
Use of the Tagmin Logo
Tagmin subscribers may use the Tagmin logo on their own website provided that it is a single instance of the Tagmin logo as a link to our Platform, it is in the context of a factual reference to the role of Tagmin, and the use or positioning of logo (nor its name or brand) does not imply Tagmin’s endorsement of any website, product, company or online service.
Limitation of liability
Nothing in these Terms limits our liability for death or personal injury arising from our negligence, or for our fraud or fraudulent misrepresentation, or for any liability which cannot legally be limited under applicable law.
Except as set out in the paragraph above, neither we nor any of our group/affiliate companies will be liable for any effect that accessing or using the Platform or Services may have on your or others, and you agree that you do so entirely at your own risk. Without limitation to the foregoing, neither we nor any of our group/affiliate companies will be liable to you for any loss or damage arising under or in connection with:
- use of, or inability to use, the Platform or Services;
- use of or reliance on any content displayed on the Platform or information provided via the Services;
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of use or corruption of software, data or information;
- loss of or damage to goodwill;
- indirect or consequential loss; or
- the inability to provide Services for any reason beyond our control (including but not limited to storms, fires, floods, or other forces of nature or due to legislative requirements/changes, war(s) or employee/supplier employment disputes).
We make no representations, warranties, or guarantees of any kind in respect of the Platform or Services and all conditions, warranties and representations (express or implied) are hereby excluded to the fullest extent permitted by law. We cannot and do not agree that there will not be any errors, bugs or interruptions in the Platform and we recommend that you maintain up-to-date virus protection on any devices used to access the Platform.
Links to other sites
We may provide links to other websites on our website or during other communications. You acknowledge that we are not responsible for the availability of such external sites, and we make no representations or warranties as to the legitimacy, accuracy or quality of any content, advertising, products, services, or other materials on or available from such websites, nor are we responsible for their content, safety, practices or privacy policies.
We take all reasonable precautions to keep website interactions secure. We also have strict security procedures regarding the storage and disclosure of information. However, neither we nor our group companies/affiliates can be held liable for any losses caused as a result of unauthorised access to the information provided by you.
The security of information transmitted via the internet cannot be guaranteed. Any losses incurred or sustained by users who transmit information by means of email or other internet link shall be borne solely and exclusively by such user and in no event shall any such losses in whole or part be borne by Tagmin.
If you breach these Terms, we may suffer loss. You agree to indemnify us against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of any non-compliance by you with these Terms.
We may suspend or terminate your subscription or use of our Platform or Services without notice if you breach any of these Terms or if we consider in our sole discretion that your use of the Platform or Services is unsuitable in any way.
On closure or termination of your access to our Platform or Services, all rights granted to you under these Terms will immediately and automatically cease and you must cease all use of the Platform and the Services. All the content associated with your account will be securely deleted after 30 days (but not before) unless we receive instruction from you (via an appropriately authorised person) to delete the data sooner. Data deleted from the Platform will not be recoverable. If you leave the Platform you can request an export of your data in csv format.
We reserve the right to terminate or suspend Tagmin subscriptions and accounts temporarily or permanently where:
- our staff or other persons are subject to abusive, offensive or threatening behaviour;
- information supplied cannot be validated;
- there are fraudulent applications or activities (or where there is legitimate suspicion of same);
- the vetting/joining criteria is no longer met;
- having the person/company on the Platform would be detrimental to other person(s)/company(s) using the Platform;
- we may see information about a person/company in the public domain which suggests having them on our Platform may cause reputational damage to Tagmin or be detrimental to other person(s)/company(s) using the Platform; and
- where we are complying with sanctions regulations in countries where we operate.
Please note that we cannot always act on complaints received or information that becomes known.
If the Service you have ordered is no longer available we will notify you as soon as possible, and any sum debited by us from your credit or debit card, or collected by Direct Debit, for Services not already received, will be re-credited to your original payment method. We will not be obliged to offer any other replacement or compensation in the event of this happening.
We are entitled to withdraw from any purchase agreement in the case of obvious errors or inaccuracies regarding the Services appearing on our Platform. If an error or inaccuracy is discovered with regard to the advertised price of the Services that you have ordered, we will contact you as soon as possible. This will be to inform you of the correct price of the Services, and to ask you if you wish to continue with the order at the amended price, or to cancel the order altogether.
These Terms (as amended from time to time) together with any document expressly referred to in them comprise the entire agreement between you and us.
Each provision of these Terms shall be construed separately, applying and surviving even if for any reason one or other provisions is held to be inapplicable or unenforceable in any circumstances.
No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.
Your agreement with Tagmin does not confer any rights on any person or party other than you and Tagmin. The operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.
These Terms shall be governed by English law and you submit to the exclusive jurisdiction of the English Courts in respect of any dispute, claim or action related to breach of these Terms or otherwise related to use of the Site, Platform, Platform Content or the Services, whether under tort, breach of intellectual property rights or other form of legal liability.
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