Digital Ticketing by anouconcept

Guest Terms of Service

 

About Us

Digital Ticketing by anouconcept is a marketplace for comprehensive guest management services, including event landing page design, email invitations, guest communications, guest RSVPs, reporting, check-in functionality, competition management and account management.

Agreement

  1. About these Terms
    • You should read these Terms carefully. They apply to your use of our Website.
    • In these Terms, “Anou”, “we”, “us” or “our” means Anou Pty Ltd (ACN 080 707 017) and includes its directors, employees and agents, and “you” or “your” means the Guest who accepts these Terms. Additional definitions are set out in clause 17.
    • By using or accessing the Website, you indicate your acceptance of these Terms. By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Website. If you do not agree to these Terms you should immediately cease accessing and using the Website.
    • We reserve all rights to alter these Terms at our discretion. Each time you use the Website, it is your responsibility to be aware of our current terms. Your continued use of the Website following the posting of changes to these Terms will be deemed your acceptance of those changes.
    • These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website and Services or until terminated in accordance with clause 7.
  2. Overview of Services
    • The Marketplace provides an easy and convenient way for Guests to receive email invitations to events and RSVP to an Organiser’s event. We do not supply or sell goods and/or services on, or via, the Website.
    • To use the Services, a Guest must register for an account in accordance with clause 4.
    • If you register for an account in accordance with clause 4 and your registration is accepted by us, you will have access to the Services and will be able to:
  • RSVP to events that you have been invited to by Organisers via the Website;
  • view passes to events that you have RSVP’d to via the Website;
  • update your account details and password;
  • contact Anou support directly; and
  • contact Organisers directly to make inquiries and requests.
  1. Using the Services
    • You must ensure that your access to, and use of, the Services is not illegal or otherwise prohibited by laws that apply in your jurisdiction.
    • Any information on the Website or otherwise provided to Guests is supplied in good faith but we do not guarantee its accuracy or completeness. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information.
    • You are responsible for verifying the identity and authenticity of an Organiser and its goods and/or services when you engage them for the provision of goods and/or services. Despite our use of reasonable endeavours to verify the identity of Organisers on the Marketplace, you acknowledge that, to the extent permitted by law, we do not warrant the reliability, legitimacy, repute, or credibility of any Organiser, nor the capacity, ability or willingness of the Organiser to deliver or transact with you.
    • You agree that you have sole responsibility for any activity that occurs on your account. You must keep your account details up to date and your password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.
    • The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
    • You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.
    • While using the Website, and any associated Services, you must not:
  • misuse any part of the Website by introducing viruses, trojans or other material that is malicious or technologically harmful;
  • attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website;
  • engage in any activity that interferes with or disrupts the Services or the servers and networks that host the Services;
  • attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website;
  • engage in any abusive or derogatory behaviour; or
  • advocate, support or practice discrimination based on race, religion, age, national origin, language, gender, sexual orientation or mental or physical handicap.
    • We may contact you by email or provide you with information by posting notices on the Website. It is your responsibility to ensure that you have correct contact details registered with us, that you give us written notice of any changes to your contact details, and that you check your nominated email address regularly for any correspondence.
    • We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing your account details or other content contained in your account. We will not be liable to you or any third party for doing so.
    • If you fail to comply with these Terms, we may, in our absolute discretion and without liability:
  • immediately, temporarily or permanently withdraw your right to access and use the Services and the Website (including deletion of your account);
  • take any other legal action against you; or
  • refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
  1. Registration
    • To access certain parts of the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
    • We reserve the right to decline your registration request if you do not pass our verification process.
    • You must be at least 18 years of age to create an account and use the Services. If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.
    • If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:
  • exercise supervision over the Minor’s use of our Services and their personal account with us;
  • assume all risks associated with the Minor’s use of our Services and their account, including the transmission of content or information to and from third parties via the internet;
  • assume any and all liabilities resulting from the Minor’s use of our Services and their account;
  • ensure the accuracy and truthfulness of all information submitted to us and the Website by the Minor; and
  • provide the necessary consents contained in these Terms on behalf of the Minor.
    • We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by that Minor.
    • If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
    • If you provide us with Registration Data, you consent to the following:
  • we may provide your Registration Data to Organisers for the purposes of providing you with the Services;
  • you may receive emails from us regarding details of your registration, orders and/or purchases made through your account, and/or information relating to your access and use of the Services and your account; and
  • from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.
    • You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.
  1. Pricing
    • All prices displayed on the Marketplace are subject to change without notice.
    • All prices listed on the Marketplace are in Australian Dollars and exclusive of goods and services tax (GST) unless otherwise specified.
  2. Purchases
    • You acknowledge and agree that a listing on the Marketplace for the provision of goods and/or services by an Organiser constitutes mere information and does not form part of any offer to sell those goods and/or services.
    • A registered Guest may communicate with Organisers via the Website for the purchase of goods and/or services. For the avoidance of doubt, all purchases and/or payments made pursuant to any agreement which utilises the Services is between you and the Organiser to the exclusion of Anou.
    • You are responsible for checking the suitability of services offered by Organisers via the Website with Organisers directly.
    • You are responsible for verifying any terms and conditions imposed by the Organiser in relation to the sale of goods and/or services.
  3. Termination
    • In addition to our rights under clause 3, we may, at our absolute discretion, terminate these Terms or cease to supply you with access to the Website and/or the Services, if:
  • it transpires that you have provided false or misleading information on the Website;
  • you are found by us to be offensive or abusive to an Organiser or other Guest; or
  • you fail to pay any fees or charges payable by you on time or at all.
    • If your access to the Website and/or the Services is terminated for any reason, we will be entitled to payment for any outstanding fees or charges properly incurred by us up to the date of termination and any fees or charges incurred during any applicable notice period or otherwise specified in these Terms.
  1. Warranties
    • We will, within a reasonable period of time, investigate any alleged error or issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or issue with all necessary information to be able to investigate the error or issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.
    • You agree to use your reasonable endeavours to ensure that the information that you supply us or any Organiser is complete and accurate and notify us (and, if relevant, the Organiser(s)) in writing if there is any change to the information supplied.
    • Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
    • Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
  2. Liability
    • To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, programs, data or other material due to your use of any part of the Website or downloading of any material posted on it or on any website linked to it. We recommend Guests ensure they have up-to-date virus checking software installed.
    • To the extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you in relation to goods or services sold, or advertised, via the Website (including any dispute or complaint regarding refunds, payment, goods or services). You should address such complaints directly with the Organiser.
    • You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities, or loss of profits, loss of revenue, economic loss, loss of goodwill, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production, arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Website or these Terms.
    • You agree that, in any event, our maximum aggregate liability to you under these Terms will be no more than A$100.
    • The Guest acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
    • This clause 9 survives termination or expiry of these Terms.
  3. Indemnity
    • To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.
    • You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.
    • You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Organiser due to your actions, and you indemnify us from and against any and all claims by any Organiser in relation to your actions (including content created and posted by you).
    • This clause 10 survives termination or expiry of these Terms.
  4. Intellectual Property
    • You acknowledge that all Intellectual Property Rights in any Material is the property of us (or our licensors) and your use and access to any Material does not give you any rights, title or interest in or to the Material. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute any Material or any part of any Material.
    • You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
    • By uploading, posting, transmitting or otherwise making available any material via the Services, Marketplace or Website, you:
  • grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit the material in any form for any purpose and unconditionally waive any moral rights that you might have in respect of the material; and
  • represent and warrant that you either own the Intellectual Property Rights in that material or have the necessary permission to upload, post, transmit or otherwise make available that material via the Services, Marketplace or Website.
  1. Unavoidable Events

We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.

  1. Dispute resolution
    • If you have a complaint about the performance of these Terms or the Services, you will:
  • contact the relevant Organiser directly where the complaint relates to a payment to an Organiser; or
  • for any other complaints, contact us at support@digitalticketing.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.
    • This clause 13 survives the expiry or termination of these Terms.
  1. Linking to the Website
    • You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our reputation. You must not establish a link in a way that suggests any form of association, approval or endorsement by us where none exists.
    • You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).
    • The Website must not be framed on any other website.
    • We reserve the right to withdraw linking permission under this clause 14 by updating these Terms on the Website.
  2. Privacy
    • We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.
  3. General
    • Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
    • A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
    • These Terms are governed by the laws of the State of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts in that State.
  4. Definitions and interpretation
    • In these Terms, the following expressions have the following meanings, unless otherwise stated:

Guest” means any person using the Services, whether they are a Purchaser or a person who browses, visits or otherwise uses the Website, the Marketplace or the Services.

Intellectual Property Rights” means all present and future intellectual and industrial property rights of whatever nature (whether or not registered or registrable), including, but not limited to, rights in respect of all technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights.

Marketplace” means the online portal located on or via the Website through which certain goods and services can be negotiated, bought and sold.

Material” means any information, content (including, but not limited to, data, source codes, updates, improvements, modifications, new versions or associated documentation relating to the Website or the Services) or images in any form (whether visible or not) stored on or used in conjunction with the Website or the Services.

Organiser” means any person who lists goods, events and/or services for sale on the Marketplace.

Privacy Policy” means our privacy policy, available at: https://digitalticketing.com.au/pages/privacy-policy

Purchaser” means any person who purchases goods and/or services listed by an Organiser for sale on the Marketplace.

Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, date of birth, gender and contact details.

Services” refers to the Marketplace and any associated services we provide pursuant to these Terms.

Terms” means these Guest Terms of Service and all of the terms of any order placed by you through the Website.

Website” means the website located at www.digitalticketing.com.au or any other website nominated by us from time to time, and any associated services, software, networks or processes.

  • Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any Act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations (including human, corporate and unincorporated), and vice versa. Paragraph headings are for reference and convenience purposes only, and all references to clauses are to clauses in these Terms unless otherwise specified.

Digital Ticketing by anouconcept

Organiser Terms of Service

 

About Us

Digital Ticketing by anouconcept is a marketplace for comprehensive guest management services, including event landing page design, email invitations, guest communications, guest RSVPs, reporting, check-in functionality, competition management and account management.

Agreement

  1. About these Terms
    • You should read these Terms carefully. They apply to your use of the Services and the Website.
    • In these Terms, “Anou”, “we”, “us” or “our” means Anou Pty Ltd (ACN 080 707 017) and includes its directors, employees and agents. “Organiser”, “you” or “your” means the person, company, association or organisation who accepts these Terms. Additional definitions are set out in clause 17.
    • By entering into an agreement with Anou for the provision of Anou’s services or by listing goods or services on the Marketplace, you indicate your acceptance of these Terms (including any associated Fees). By accepting these Terms, you agree to the obligations imposed on you under these Terms and, in exchange, we agree to provide you with access to the Services. If you do not agree to these Terms you should immediately cease accessing the Website and using the
    • We reserve all rights to alter these Terms at our discretion. Each time you use the Website or Services, it is your responsibility to be aware of our current terms. Your continued use of the Website and/or Services following the posting of changes to these Terms will be deemed your acceptance of those changes.
    • These Terms, as amended by us from time to time, continue to apply for the duration of your use of the Website and Services or until terminated in accordance with clause 7.
  2. Overview of Services
    • The Marketplace provides an easy and convenient way for Organisers to create and list an event, invite guests, contact guests, export reports receive RSVPs and check guests in on the day of the event. We do not supply or sell goods and/or services on, or via, the Website.
    • As an Organiser, you will have:
  • a profile displayed on the Marketplace, which we will create for you and you will manage and keep up to date;
  • if you choose our yearly subscription, the ability to create listings for an unlimited amount of events, generate email invitations for each event, receive RSVPs, communicate directly with Guests, upload guest lists for each event and check-in guests on the day of each event (“Yearly Subscription”);
  • if you choose our event-by-event offering, the ability to create a listing for one event, generate email invitations for the event, receive RSVPs, communicate directly with Guests, upload a guest list for the event and check-in guests on the day of the event (“Event-By-Event Offering”);
  • the opportunity to access performance data in relation to your profile which was created, or has come into existence, as a result of your use of the Website, such as ratings and reviews from Guests regarding their experience with your services; and
  • the ability to contact Anou support directly.
    • For the avoidance of doubt, all purchases and/or payments made pursuant to any agreement that utilises the Services is between you and the Guest to the exclusion of
  1. Using the Services
    • Any information we provide to Organisers is supplied in good faith, but we do not guarantee the accuracy or completeness of any information provided by us or any third party, including any Guest or other Organiser. You agree that it is your responsibility to make enquiries as to the accuracy or completeness of any information which we receive from you or third parties.
    • You agree that you will bear the sole responsibility for any activity that occurs on your account. You must keep your account details and password secure, as you are responsible for any activity on your account (whether undertaken by you or anyone else). You agree to notify us immediately if you become aware of or suspect any security breach or unauthorised use of your password or account.
    • The Services may contain links to other websites. Those links are provided for convenience only and may not be current. Any hyperlinks or banners advertising other websites on the Website, or external websites that advertise the Website, are not subject to our control or privacy standards, policies and procedures. We will not be responsible for the content or privacy practices associated with such linked websites and we recommend that you make your own enquiries as to the privacy and other policies of those third parties.
    • You must take precautions to ensure that when accessing the Services, you do not expose your telecommunications or computer systems to viruses, malware or other forms of interference that may damage your telecommunications or computer systems. We are not responsible for any such damage to your telecommunications or computer systems which may arise in connection with your access to the Website and use of the Services.
    • You acknowledge that we have no obligation to provide you with customer support of any kind. However, we may provide you with customer support from time to time, at our sole discretion, provided that you submit your enquiries to support@digitalticketing.com.au.
    • We may, at our absolute discretion, terminate, suspend or delete your account or restrict your access to the Services (or any part of the Services) for any reason without notice. This includes for security, technical, maintenance, legal or regulatory reasons or due to any breach of these Terms. If we do this, you may be prevented from accessing all or parts of the Services, your account details or other content contained in your account. We will not be liable to you for doing so.
    • If you fail to comply with these Terms (including a failure to pay any Fees on time), we may, at our absolute discretion and without liability:
  • immediately, temporarily or permanently withdraw your right to access and use the Services and the Website (including deletion of your account);
  • immediately temporarily or permanently remove goods and/or services listed by you for sale on the Marketplace;
  • take any other legal action against you; or
  • refer or report any suspected fraudulent, abusive or illegal activity to relevant law enforcement authorities.
  1. Registration
    • To access the Services, you must register with us by providing us with Registration Data as requested. You may not use one email address to register for multiple accounts.
    • Upon registration, you must subscribe to either our Yearly Subscription or our Event-By-Event Offering.
    • We reserve the right to decline your registration request if you do not pass our verification process.
    • If you are under the age of 18 years, we may ask you to confirm that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf. Even if we do this, by submitting Registration Data to us, you acknowledge that you have your parents’ or guardians’ permission and that they have agreed to these Terms on your behalf.
    • If you are a parent or guardian who has permitted a person under the age of 18 (a “Minor”) to create an account, you agree to:
  • exercise supervision over the Minor’s use of our Services and their personal account with us;
  • assume all risks associated with the Minor’s use of our Services and their account, including the transmission of content or information to and from third parties via the internet;
  • assume any and all liabilities resulting from the Minor’s use of our Services and their account;
  • ensure the accuracy and truthfulness of all information submitted to us and the Website by the Minor; and
  • provide the necessary consents contained in these Terms on behalf of the Minor.
    • We reserve the right to take legal action and seek compensation from a parent or guardian of a Minor for any loss or damage we may suffer as a result of, or in connection with, any transaction entered into on, or via, the Website by that Minor.
    • Subject to clause 5, you warrant that persons providing the Registration Data to us have the relevant authority to provide such information and to enter contracts on behalf of the Organiser seeking registration with us, and that you have the capacity to offer the goods and/or services listed by the Organiser on the Marketplace.
    • If you provide Registration Data to us, you represent and warrant to us that the Registration Data provided is true, complete, accurate and up to date, and you undertake to maintain the truthfulness, completeness and accuracy of your Registration Data as necessary and/or as required by us.
    • If you provide us with Registration Data, you consent to the following:

(a)    we may provide your Registration Data to Guests for the purposes of providing you with the Services;

(b)    you may receive emails from us confirming the details of your registration and any subscriptions to the Services made through your account, providing you with necessary information relating to your access and use of the Services and any subscriptions to the Services made through your account; and

(c)    from time to time, we may email you regarding our Services or third-party products and services which we believe may be of interest to you, such as new products, services, features, special offers and updated information. The emails may contain code that enables our database to track your usage of the emails, including whether the email was opened and/or what links (if any) were clicked. We may combine that information with other information which we have about you and may use that information to improve your site experience and/or provide customised email communications to you.

  • You allow us to refer to you in any publicity we engage in after we have provided you with the Services or during our provision to you of the Services.
  • You acknowledge that we may use your Registration Data and any other personal information provided to us in accordance with our Privacy Policy.
  1. How much do we charge for the Services?
    • Yearly Subscription

(a)  If you have subscribed to our Yearly Subscription, from the date on which we accept your registration and until these Terms are terminated in accordance with clause 7, you must pay us AUD $24,000 plus GST per year (“Yearly Fee”) in accordance with clause 5.1(b).

(b)  On receipt of an invoice from us for the Yearly Fee, you must pay such invoice in accordance with the payment method, and by the due date, specified on the invoice.

  • Event-By-Event Offering

(a)  If you have opted for our Event-By-Event Offering, you must pay us AUD $825 plus GST (“Event-By-Event Fee”) in accordance with clause 5.2(b).

(b)  On receipt of an invoice from us for the Event-By-Event Fee, you must pay such invoice in accordance with the payment method, and by the due date, specified on the invoice.

  • The Fees are exclusive of GST unless otherwise specified.
  • You are entitled to a three (3) Business Day cooling off period. If you cancel your subscription during this cooling off period, you are entitled to a full refund on any moneys advanced to us for the purposes of these Terms.
  • You agree to indemnify us for any loss, liability or cost that we directly or indirectly suffer in relation to any tax laws or rulings as a result of, or in connection with the provision of the Website, your use of the Services or these Terms.
  1. What are your obligations?
    • You must at all times comply with your obligations under these Terms and fulfil your obligations in a timely manner.
    • Your obligations include, but are not limited to, the following:
  • Maintenance of Profile

You bear sole responsibility for maintaining your profile to be displayed via the Website with high-resolution photos and a brief profile summary. Your profile must be reflective of the actual goods and/or services offered by you, be kept up to date at all times and must not be misleading or deceptive. You must ensure that content uploaded to your profile does not infringe any Intellectual Property Rights.

  • Defamatory Content

You must not upload any content to the Website that promotes intolerance, racism, illegal behaviour or contains defamatory content. We reserve the right (but not the obligation) to amend or remove any content uploaded to the Website without the uploader’s consent and without notice to the uploader (including for the purposes of attempting to avoid the upload of content prohibited by this clause 6.2).

  • Viruses and Hacking
    You must not misuse any part of the Website by introducing viruses, trojans or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to any part of the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not engage in any activity that interferes with or disrupts the Services or the servers and networks which host the Services and you must not attempt to circumvent, disable or otherwise interfere with any security-related features of the Services or any features which prevent or restrict the use or copying of any content or enforce limitations on the use of the Services or the content of the Website.
  • Interactions with Guests

You must ensure that any guest list uploaded to the Website is your own and has been collected lawfully, and that any invitation or other form of communication sent out via the Website or Services complies with the Spam Act 2003 (Cth).

You must also not advocate, support or practise discrimination based on race, religion, age, national origin, language, gender, sexual orientation, or mental or physical handicap. Any complaints regarding abuse or derogatory behaviour on the part of any Organiser may see such Organiser(s) removed from the Website, result in the termination or suspension of their account and/or lead to restricted access to the Services, at our absolute discretion.

  • Service Quality

You must ensure that all services that you sell via the Website are provided to Guests with acceptable care and skill and in compliance with any applicable obligations under the Competition and Consumer Act 2010 (Cth).

  • Willing and Able

At the time that you list any goods and/or services via the Website, you must be willing and able to provide such goods and/or services to Guests. All prices listed on the Marketplace should be in Australian Dollars and specify whether goods and services tax (GST) is included or excluded.

  • You acknowledge and agree that, in order for us to be able to provide the Services to you without interruption you will, at your cost, at all times:
  • co-operate with and reasonably assist us to provide the Services;
  • promptly provide us with full and accurate information, data and explanations with regard to any dispute, complaint, issue or otherwise that may arise, as and when required; and
  • inform us of any abusive or allegedly abusive behaviour from any Guest or Organiser on the Website.
  • You must procure all necessary consents or authorisations from any third parties which may be required from time to time in order for us to be able to provide the Services to you.
  • If we are delayed, obliged to spend additional time or incur additional expenses in order to provide you with the Services or otherwise perform any of our obligations under these Terms by reason of your act, omission, failure to provide information (in a timely manner or at all) or your instructions, you shall compensate us by reimbursing us for any additional reasonable costs and expenses incurred by us or on our behalf. In this situation, any agreed delivery or action times specified or implied by us regarding any of our obligations to you shall be extended accordingly.
  • It is your obligation to ensure that any written communication we send to you correctly reflects your details. If any changes occur to your details, you must give us written notice of these changes so that we may update your details (which change will be made within a reasonable period of time).
  • Any goods and/or services listed on, or via, the Website is an acknowledgement by you that you meet the specified age requirement to transact with the Guest, accept these Terms and agree that these Terms are binding.
  1. Termination
    • If you choose our Yearly Subscription, we may terminate these Terms twelve (12) months after you register with us unless you renew your subscription for the Services by paying the relevant Fee.
    • If you choose our Event-By-Event Offering, you will have a one (1) month period in which to create your event before these Terms are terminated. Your access to the Services will remain on foot following the creation of the event. We may terminate these Terms one (1) week following the date of the event for which you subscribed to the Services, unless you renew your subscription for the Services by paying the relevant Fee.
    • In addition to our rights under clause 3 and notwithstanding any other provision in these Terms, we may at our absolute discretion immediately terminate these Terms or cease to supply you with the Services, if:
  • it transpires that you have provided false or misleading information on the Website;
  • you are found by us to be offensive, abusive or have acted unlawfully in relation to a Guest or other Organiser;
  • you accumulate repeated reports of customer dissatisfaction, to be determined at our discretion;
  • we determine, in our sole discretion, that you have engaged in behaviour that may bring our brand or business into disrepute;
  • your business ceases to operate or you sell a majority interest in your business to a new owner; or
  • you do not comply with your obligations under these Terms.
    • If your access to the Services is terminated for any reason, we will be entitled to payment for all outstanding Fees properly incurred by us up to the date of termination and any Fees incurred during any applicable notice period or otherwise specified in these Terms.
  1. Warranties
    • We will, within a reasonable period of time, investigate any alleged error or other issue regarding any of the Services, provided that you notify us in writing within seven (7) days of becoming aware of the error or other issue and give us all necessary information to be able to investigate the error or other issue. Notwithstanding, you agree that our liability will be limited in any event to the right to attempt redelivery of the Services to you.
    • You agree to use your reasonable endeavours to ensure that the information you supply to any Guest or to us is complete and accurate and notify us (and, if relevant, the Guest(s)) in writing if there is any change to the information supplied.
    • Except as provided in these Terms, no further warranty, condition, undertaking or term, express or implied, statutory or otherwise, as to the condition, quality, performance or fitness for purpose of the Services provided in accordance with these Terms is given by us, other than as required by law. All implied warranties are hereby excluded.
    • Nothing contained in these Terms excludes, restricts or modifies the application of any condition, warranty or other obligation, the exercise of any right or remedy, or the imposition of any liability under the Competition and Consumer Act 2010 (Cth) or any other national, state or territory legislation where to do so is unlawful.
  2. Liability
    • To the extent permitted by law, we will not be liable for any loss, expenses, liabilities, costs or damage caused by viruses, system failures or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any part of the Website or downloading of any material or content posted on it, or on any website linked to it. We recommend that you have up-to-date virus checking software installed.
    • You acknowledge that we provide a marketplace service for connecting Guests and Organisers to use the Services, and are in no way involved in purchases or payments in relation to goods and/or services displayed on the Website. To the fullest extent permitted by law, we are not responsible for dealing with, and not liable for, any disputes or complaints made by you or any Guest in relation to the goods or services sold on, or via, the Website (including any dispute or complaint regarding refunds, payment, goods or services).
    • You agree that we will not be liable for any indirect, consequential, special or exemplary losses, expenses or liabilities or any loss of profits, loss of revenue, economic loss, loss of goodwill, loss, corruption or alteration of data, failure to realise anticipated savings, loss of opportunity, expectation loss or loss of production arising out of, or in connection with, the provision or use of the Services, the Marketplace, the Website or these Terms.
    • You agree that, in any event, our maximum aggregate liability to you under these Terms will be the total Fees that you have paid in the 3 months preceding the claim.
    • The Organiser acknowledges and agrees that the limitations of liability contained in this clause are a fair and reasonable allocation of the commercial risk between the parties.
    • This clause 9 survives termination or expiry of these Terms.
  3. Indemnity
    • To the fullest extent permitted by law, you agree that you waive, release, discharge and relinquish any and all claims that you have now or may have against us which are connected with, arise out of, relate to or are incidental to the provision of the Website and your use of the Services.
    • You indemnify us, and hold us harmless, from and against any and all claims, loss, damage, taxes, liabilities and/or expenses that may be incurred by us arising out of, or in connection with, your use of the Website, the Services and any breach by you of these Terms.

10.3               You agree and acknowledge that we will not be liable or responsible for any loss or damage suffered by any Guest due to your actions, and you will indemnify us from and against any and all claims by any Guest in relation to any and all content created by you or any actions by you.

10.4               This clause 10 survives termination or expiry of these Terms.

  1. Intellectual Property
    • You acknowledge that all Intellectual Property Rights in the Services, Marketplace and Website are the property of us (or our licensors) and your use of, and access to, the Services, Marketplace and Website does not give you any rights, title or interest in or to the Services, Marketplace or Website. Unless expressly authorised either under these Terms or otherwise by the licensors, you may not reproduce, adapt, modify, display, perform or distribute the Services, Marketplace or Website or any part of the Services, Marketplace or Website.
    • You may not modify or copy the layout or appearance of the Services or any computer software or code contained in the Services, nor may you decompile or disassemble, reverse engineer or otherwise attempt to discover or access any source code related to the Services.
    • We grant you, for the duration of these Terms as determined in accordance with clause 5, a non-exclusive, non-transferable and revocable licence to use the Intellectual Property Rights embodied in the Services to the extent necessary for you to use the Services, Marketplace and Website for your business purposes.
    • By uploading, posting, transmitting or otherwise making available any material via the Services, Marketplace or Website, you:
  • grant to us a non-exclusive, worldwide, royalty-free, perpetual, irrevocable licence to use, publish, reproduce and otherwise exploit that material in any form to enable us to provide the Services, Marketplace and Website and unconditionally waive any moral rights that you might have in respect of that material; and
  • represent and warrant that you either own the Intellectual Property Rights in that material or have the necessary permission to upload, post, transmit or otherwise make available that material via the Website.
  1. Privacy
    • We are committed to protecting your privacy and personal information. Further details about our practices relating to the collection, use, disclosure and storage of your personal information can be found in our Privacy Policy.
  2. Unavoidable Events
    • We will not be liable to you if we are prevented from, or delayed in, providing the Services due to acts, events, omissions or accidents beyond our reasonable control (“Unavoidable Events”). Where an Unavoidable Event occurs, we will attempt to recommence provision of the Services as soon as reasonably practicable.
  3. Dispute Resolution
    • If you have a complaint about the performance of these Terms or the Services, you will contact us at support@digitalticketing.com.au in the first instance and allow us reasonable time to consider your complaint, determine a possible solution and notify you of the solution.

14.2               This clause 14 survives the expiry or termination of these Terms.

  1. Linking to the Website
    • You may link to the Website, provided that you do so in a way that is fair and legal and does not damage, or take advantage of, our goodwill. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by us where none exists.
    • You must not establish a link to the Website from any website that is not owned by you (except with the website owner’s express permission).
    • The Website must not be framed on any other website.
    • We reserve the right to withdraw linking permission under this Clause 15 by updating these Terms on the Website.
  2. General
    • We may assign, sub-contract, or otherwise transfer any or all of its rights and/or obligations under these Terms. You may only assign, subcontract, or otherwise transfer any or all of your rights and/or obligations with our prior written consent, which can be refused at our absolute discretion.
    • A party’s failure or delay to exercise a power or right does not operate as a waiver of that power or right. The exercise of a power or right does not preclude its future exercise or the exercise of any other power or right.
    • If you are using the Services for the supply of goods and/or services directly to a third party, then you will:
  • procure that such third party shall comply with these Terms; and
  • indemnify us for any claim, loss, damage or expense incurred by us as a result of any breach of these Terms by such third party.
    • Anou and you are independent. No contractor, agency, partnership, joint venture, fiduciary or employment relationship is created by these Terms. Neither we nor you will have, nor represent that we or you have, any authority to make any commitments on the other party’s behalf except expressly pursuant to these Terms.
    • Any provision of these Terms that is found to be void or unenforceable will, to the extent that it is void or unenforceable, be severed from these Terms without affecting the enforceability or validity of any other provisions.
    • These Terms shall be governed by, and construed in accordance with, the laws of Victoria, Australia. The parties unconditionally submit to the exclusive jurisdiction of the courts of Victoria.
    • These Terms and any document expressly incorporated in it contains the whole agreement between us and you in respect of the subject matter of these Terms and supersedes and replaces any prior written or oral agreements, representations or understandings between the parties. The parties confirm that they have not relied on any representation that is not expressly incorporated into these Terms.
  1. Definitions and interpretation
    • In these Terms, the following expressions shall have the following meanings, unless otherwise stated:

Business Day” means a day that is not a Saturday, Sunday or public or bank holiday in Victoria, Australia.

Event-By-Event Offering” is defined in clause 2.2(c).

Fees” means the fees set out in clause 5, calculated at the rates set out in clause 5 or as otherwise published by us on the Website from time to time.

Guest” means any person using the Services, whether they are an Organiser, Purchaser or a person who browses, visits or otherwise uses the Website, the Marketplace or the Services.

Intellectual Property Rights” means all present and future intellectual and industrial property rights of whatever nature (whether or not registered or registrable), including, but not limited to, rights in respect of all technical information, know-how, copyright, trade marks, designs, patents, domain names, business names, logos, drawings, trade secrets, the right to have confidential information kept confidential or other proprietary rights, or any rights to registration of such rights.

Marketplace” means the online platform located on or via the Website through which certain goods and services can be negotiated, bought or sold.

Privacy Policy” means our privacy policy, available at: https://digitalticketing.com.au/pages/privacy-policy.

Purchaser” means any person who purchases goods and/or services listed by Organisers for sale on the Marketplace.

Registration Data” means information provided by you to us for the purposes of your registration to access certain sections of the Website including, but not limited to, your name, date of birth, gender, your business or trading name, Australian Business Number, Australian Company Number, business address and contact details.

Services” refers to the Marketplace and any associated services we provide pursuant to these Terms.

Terms” means these Terms of Service, as may be amended by us from time to time, at our discretion.

Website” means the website located at at www.digitalticketing.com.au or any other website nominated by us from time to time, and any associated services, software, networks or processes.

Yearly Subscription” is defined in clause 2.2(b).

  • Any reference in these Terms to the singular includes the plural, to any gender includes all genders, to any Act or statute includes any Act or statute which supersedes, replaces or modifies any earlier Act or statute, to persons includes all bodies and associations (including human, corporate and unincorporated), and vice versa. Paragraph headings are for reference and convenience purposes only, and all references to clauses are to clauses in these Terms unless otherwise specified.