Testimonials and Publicity Materials Release

Release

  1. In relation to the testimonials you provide us and your participation in the creation of our Publicity Materials as specified in our Partner Event Evening 2022 Terms and Conditions, you agree to enter into this release. 
  2. You acknowledge that you agree to be bound by these terms for the benefit of Webscale Pty Ltd (trading as KeyPay) (ABN 70 154 693 955) and Employment Hero Pty Ltd (ABN 11 160 047 709), (collectively, KeyPay and Employment, we or us) and its Related Bodies Corporate (as defined in the Corporations Act 2001 (Cth).

Participating in the creation of Publicity Materials

  1. You are at least 18 years old and are free to grant this consent. You agree that we and our authorised representatives can film, photograph and document your participation at the Partner Celebration Evening 2022 for the creation of the Publicity Materials. 
  2. You grant to us a non-exclusive, irrevocable, perpetual, worldwide and royalty-free right to use, reproduce, modify, publish, broadcast and distribute the film, photos and associated output (Output) including your likeness, voice and opinions captured in the Output for the Publicity Material and for our commercial purposes of advertising and promoting our products, services and the Partner Celebration Evening 2022 in any and all forms of media and in any manner we may choose.
  3. You grant to us a non-exclusive, worldwide and royalty-free right to use the name, trademarks, logos and other identifying information of your organisation as included in the Output for the Publicity Materials and for our commercial purposes of advertising and promoting our products, services and the Partner Celebration Evening 2022 in any and all forms of media and in any manner we may choose.
  4. All intellectual property rights (including copyright) in the Publicity Materials and Output belongs to us.
  5. While we will use reasonable commercial efforts to uphold any moral rights you may have, you consent to use of your image and contribution that may otherwise infringe your moral rights under the Copyright Act 1968.
  6. The Publicity Materials and your participation in it is confidential and you must treat all information about it as strictly confidential until we publish or releases it. Until then, you must not disclose any details of the Publicity Materials without our prior written consent.
  7. We are not obliged to use the Output.
  8. You waive all other claims for any compensation arising from our use of the Output and your participation in the creation of the Publicity Materials and from all liability in connection with that use including liability for any legal action, damages or compensation costs.

Privacy

  1. We collect personal information to create and publish the Publicity Materials and may disclose that information to third parties, including our authorised representatives, marketing agencies and service providers for that purpose.
  2. We manage any personal information we collect subject to the Employment Hero Privacy Policy and KeyPay Privacy Policy.

General

  1. This release is governed by the laws of New South Wales.
  2. This release is irrevocable, and we may transfer its benefit to its licensees and assignees.
  3. This release may be relied on by us as a full defence to any third-party infringement claim initiated against us in connection with our use of the Output in accordance with the terms of this release. 

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