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Event organiser terms and conditions

Updated 18th July 2024

TryBooking Pty Ltd ACN 126 987 915 ('we', 'our' and 'us') owns and operates the Website and provides the Services. These terms and conditions ('Terms') apply to any person that establishes an Account with us and receives or otherwise uses any of the Services.

By creating an Account, using the Services or accessing or using the Website or your Account, you agree to be bound by these Terms, the Website Terms of Use, the Privacy Policy, the Data Processing Addendum and any additional terms and conditions applicable to specific Services that you use from time to timeto specific services that we notify to you and you accept from time to time. 

In these Terms:

  • 'Account' means an account established with us through the Website or otherwise;
  • 'Account Owner' is the user designated as such in your Account.
  • 'Authorised User' means any person to whom you grant access to your account via a username and password, which includes, without limitation, the Account Owner.
  • 'Box Office' means a facility by which a person can sell tickets in person for either cash or card payment;
  • 'Community Guidelines' means our community guidelines at https://trybooking.com/info/community-guidelines as amended from time to time
  • 'Data Processing Addendum' means our data processing addendum at https://www.trybooking.com/nfo/data-processing-addendum
  • 'Event Facility' means the facility that may be made available as part of TryBooking's Services by which a person may sell tickets to an event;
  • 'Event Organiser' and 'you' means any Person who establishes an Account and uses any of the Services;
  • 'Fees' means the fees and charges that you owe us for providing the services, and may include, but are not limited to, ticket fees, processing fees, and hardware rental fees.
  • 'Fundraiser' means a person who establishes an Account and elects through the Account to solicit and receive donations from donors through the Fundraising Facility;
  • 'Fundraiser Account' means a deposit account held by TryBooking with an authorised deposit-taking institution, which is to be used to deposit donations through the Fundraising Facility on behalf of all Fundraisers;
  • 'Fundraiser Facility' means the facility that may be made available as part of TryBooking's Services by which a person may solicit or receive donations;
  • 'Fundraiser Facility Fees' means the fees so published on TryBooking's website, currently located at the domain www.trybooking.com, from time to time;
  • 'Person' means any individual, company, trust, entity, partnership, joint venture, association, corporation, body corporate or governmental agency;
  • 'Personal Information' has the meaning given in the Privacy Policy;
  • 'Privacy Policy' means our privacy policy at https://www.trybooking.com/info/privacy as amended from time to time;
  • 'Services' means access to and use of the Website and event management and ticketing services to manage and sell tickets to events and activities and all other services, including the Fundraising Facility and Box Office, made available by us to Event Organisers on or through the Website or otherwise;
  • 'Third Party Content' means web sites, platforms, content, products, services and information of other parties including content provided to us by links to sites owned by other parties;
  • 'Website' means https://www.trybooking.com including all protected areas and subdomains of such website and all related top-level domains, mobile sites, apps, APIs and widgets;
  • 'Website Terms of Use' means the terms of use of the Website at https://www.trybooking.com/info/website-terms-of-use as amended from time to time; and
  • 'Your Content' means any content you upload onto or make available to Customers via our Website or the Services including text, images, logos, files, attachments and links.

 

About these Terms

These Terms, together with the Website Terms of Use, the Privacy Policy and any additional terms and conditions applicable to specific Services that you use from time to time, set out the legal terms of our relationship with you. These Terms supersede any earlier contracts with you on these matters or other terms and conditions.

You acknowledge that we may require you to accept additional terms and conditions in relation to specific Services.

Should you object to any of our Terms or other notices on the Website your sole option is to immediately cease your use of the Services.

We reserve the right to change these Terms by publishing new terms on the Website. This may include changes needed to reflect changes to the law or changes to our Services. Any changes that are likely to be material to the Event Organiser will be notified in advance of them taking effect. You should review the Terms published on the Website regularly. Any changes will not be retrospective. Your continued use of the Services constitutes your acceptance of these Terms as amended from time to time. If you do not agree to the changed terms you should discontinue your use of the Services immediately. 

If there is a conflict or inconsistency between these Terms and any changed terms, the changed terms will prevail to the extent of the conflict or inconsistency.

If you do not comply with these Terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have, including taking any action in the future.

 

Our Services

We seek to ensure that our Services are as useful and efficient as possible and we are constantly working on improving them. Accordingly, we reserve the right to make changes to the Services at any time and for any reason. Any material changes to the Services will be notified in advance.

If you are accessing the Services using our applications, you may be required to download updates from time to time to keep using the application on your device.

To use the application or Box Office, your device will require an active internet connection and a sufficient data allowance. It is your responsibility to ensure you have these and to pay for any costs incurred from your network provider when using the application. We accept no responsibility for any failure of the application due to lack of internet connection, device malfunction or third party interference with your device.

In connection with Box Office, our Services may include rental of hardware products, including, without limitation, terminals, tablets, computers or WiFi hotspots (collectively “Hardware”). If you rent any Hardware, you assume all risk of loss and/or risk related to the damage with respect to such Hardware while it is under your control and will reimburse TryBooking for the cost of such Hardware if lost or damaged. If you rent any Hardware, you will fully indemnify and reimburse TryBooking for any losses TryBooking incurs as a result, including, without limitation, those related to any refunds or penalties assessed to TryBooking by its third-party terminal provider. 

 

Registration by Event Organisers

To become an Event Organiser you must complete all details in the registration form in accordance with the instructions on the Website and in any subsequent communications you receive from us ('Registration').

If you create an Account and are under 18 years of age, you agree that we may require a parent or guardian to provide an authority that they accept these Terms. By providing such authority, the parent or guardian accepts these Terms and agrees to assume performance of all Event Organiser obligations under these Terms.

If you are under the age of thirteen (13), please do not use TryBooking without the consent of your parent or legal guardian.

If you create an Account in the name of a company, you agree that we may require a Director of the company to accept these Terms such that he or she agrees to assume performance of all obligations under these Terms on behalf of the company.

Upon completion of your Registration, your Account will be created and you will be able to access and use protected areas of the Website and access the Services. At this time you are granted a non-exclusive, non-transferable licence to use the Website and to access the Services in accordance with these Terms. Your Account will allow you to have multiple Authorised Users, but only one Account Owner. Your Account will also allow you to distinguish among different types of Authorised Users, with different rights and access privileges.

We may refuse to accept or cancel the Registration of any person for any unremedied material breach.

You continuously warrant to us that persons accessing your Account and registering events or activities are authorised to do so on your behalf.


Use of Fundraising Facility

By registering to receive donations through the Fundraising Facility, the Fundraiser appoints Trybooking as its agent to receive donations for and on behalf of the Fundraiser from donors through the Fundraising Facility.

To use the Fundraising Facility the Event Organiser will need to enter a valid Australian Business Number (ABN) into their TryBooking account.

Trybooking will receive donations on behalf of the Fundraiser through the Fundraising Facility, which will be held in the Fundraising Account.

Subject to the Fundraiser passing any Know Your Customer (KYC) checks required by TryBooking, paying any Fundraising Facility Fees due, the payments association with the Fundraisers account not being subject to any additional integrity checks and requesting payment of the funds through the ˜Request Transfer' facility Trybooking will remit the amount requested to the Fundraiser within three business days.

TryBooking will make available to the Fundraiser a record of the donations for a given period including a list of donors, donors details, amounts donated and dates of donations to assist with reconciliation.

If Trybooking remits to the Fundraiser any amount that is subsequently the subject of a chargeback or other form of reversal (chargeback), then an amount equivalent to that chargeback amount will become a debt owing by the Fundraiser to Trybooking and at Trybooking's election, either the Fundraiser must repay that amount to Trybooking on written demand, or, Trybooking may set-off that amount owing from any subsequent amounts to be remitted by Trybooking to the Fundraiser.

 

Security

Access to and use of your Account and of protected areas of the Website is restricted to Authorised Users only.

You agree to:

  • provide current, complete and accurate information about you as you may be prompted to provide by the registration process on the Website or in communications from us;
  • maintain, keep current and update any registration data and information you provide to us;
  • take all steps necessary to keep your password safe and secure and to ensure your Account is not accessed or used by anyone other than the Authorised Users; and
  • notify us immediately of any unauthorised access to or use of your Account or password or any other breach of security of which you are aware, whether related to your Account specifically or to the Website or any Services.

You understand that any person with any Authorised User's password will be able to access your Account and you accept all risk of unauthorised access to your Account. You acknowledge and agree that you are responsible for maintaining the security of your Account and your Authorised User's password and all activity that occurs under your Account.

To the extent permitted by law, we will not be liable to you for any loss that you suffer or incur as a result of someone using your Account or password with or without your knowledge. You are liable for and indemnify us against all loss suffered or incurred by us or any other user of the Website, or any customer of ours, due to someone else using your password or your Account because of anything you do or fail to do in connection with your Account. Such liability will be reduced to the extend that TryBooking caused or contributed to the loss.

You may not use or access anyone else's Account without the permission of the Account holder.

 

Your use of the Website and Services

You are permitted to use the Website to access the Services subject to payment of our fees.

If you use the Services to promote an event or activity that involves buying tickets and/or making payment via the Website, we agree to act as your agent to provide an online (or in person via Box Office) ticket booking service and/or to collect card payment for the event or activity in accordance with and subject to these Terms. You acknowledge and agree that all sales are made by you.

If we are receiving complaints or customer service calls in relation to your Account and/or Your Content, or we consider that Your Content otherwise breaches these Terms, then we may make changes to your Account and/or Your Content. We will endeavour to contact you first before we do so but we do not require your permission to make such changes. Should we make any changes we will use best endeavors to minimise the impact to your Events Facility.

 

Warranty

The Fundraiser represents and warrants to Trybooking that:

  • the Fundraiser will ensure that all details registered on the Account, including its Australian Business Number (ABN) and Deductible Gift Recipient (DGR) status remain current and accurate and not be misleading or deceptive; and
  • any information published or communicated on Trybooking's website by the Fundraiser, or published or communicated on Trybooking's website by Trybooking from information provided by the Fundraiser:
    • will be accurate, and not be misleading or deceptive;
    • not cause Trybooking to infringe any person's intellectual property rights; and
    • will not cause Trybooking to contravene any aspect of the Privacy Act 1988
  • it has obtained and holds all necessary permissions, licences and registrations, in order to solicit and receive money or any other benefit through the Donation Facility;
  • in soliciting and receiving any donations through the Fundraising Facility, by appointing Trybooking as agent and receiving Trybooking's Services, the Fundraiser will not be in contravention of any law, contractual obligation, or condition of any official licence or registration;
  • the Fundraiser will return to all relevant donors the complete amount of any donation made by them where the Fundraiser is not entitled by law to retain that donation or is obliged by law to return that donation; and
  • for so long as it is a Fundraiser, soliciting and receiving donations through the Fundraising Facility or receiving Trybooking's Services, it must not do, or fail to do, anything that may, in Trybooking's good faith option, diminish or bring disrepute to Trybooking's good name and reputation.

 

Access and ensuring acceptable use

You must ensure that you, and all persons who access the Services via your Account (including, without limitation, Authorised Users), only use the Website and Services to manage your event or activity and do not use the Website or Services in any way that could damage or harm the Website or Services.

Please refer to our Community Guidelines when creating, posting or updating events. TryBooking reserves the right to change or update these community guidelines at any stage, at which point they will become valid immediately. Any material changes to the Community Guidelines will be notified to the Event Organiser.

The Services may not be used for unlawful, prohibited, defamatory, obscene, offensive, socially unacceptable or fraudulent content or activity.

You may not, and may not cause or permit others to remove or modify any markings or any notice of our or a third party's proprietary rights, modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Services or the Website, or access or use the Website or Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive with the Website or Services.

You must not use the Website or Services or publish or upload any hyperlinks or content for the purpose of deriving commercial gain that is outside the scope of the relevant event or activity.

If there is a complaint or we receive notice of a violation, your use of the Website and Services may be suspended until resolved and terminated if not able to be resolved. We will provide a mechanism for lifting suspension should suspension occur. or is not resolved promptly. 

 

Fees and payment

When you use our Services, you will be provided with information regarding the applicable fees and charges. Fees and charges may be subject to change (which change may be effective immediately) and will apply to all transactions made on or after the date the change is effective.

You may choose to incorporate our fees and charges in the ticket price or payment terms you designate so that it is an 'all inclusive price' or you may choose to identify them separately. You must not misrepresent to customers the amount of fees that we are charging in relation to a particular transaction.

To the extent permitted by law our fees and charges are non-refundable except for Processing Fees, including where an event or activity is cancelled for any reason and you have agreed, or are required by law, to refund any or all amounts paid by customers. 

 

Funds and fees

All payments relating to the Services (including the ticket price,  donations or relevant payment plus any GST, taxes and charges) ('Funds') and our Fees may be processed using one payment option, including:

  • via our payment gateways including Stripe, ArtsPay/FatZebra and PayPal ('Trybooking Gateway'); or
  • via a third party merchant account (e.g. Stripe) created in your own name ('Third Party Gateway')
  • in cash solely in regards to our Box Office product ('Cash Payment')f

 

Funds and fees - TryBooking Gateway

If you choose to have Funds and Fees processed using the Trybooking Gateway,  you agree that we will receive the Funds and Fees, retain the Fees as payment for the Services and hold the Funds in full as your agent until such time as you request the release of the Funds.

If you request release of all or part of the Funds (including initial and subsequent requests for access to Event Funds) before completion of the relevant event or activity, we may accept or reject each such request in our absolute discretion. For the Fundraising Facility the donation is deemed to be completed at the date of the donation. For the Event Facility it is deemed completed as at the date of the event.

If we accept any request it will be subject to any conditions we may require in our absolute reasonable discretion, such as any or all of the following conditions: 

  • you providing evidence that satisfies us that the event will proceed on the proposed date and at the proposed time and place;
  • an individual (or individuals) acceptable to us providing to us a personal guarantee and indemnity in the form required by us;
  • you obtaining an event cancellation insurance policy on terms and with an insurer acceptable to us in which we are noted as a covered party;
  • you providing ongoing status reports and financial information about the event in the form and at the intervals that we specify;
  • you providing us with documents that allow us to identify you to satisfy our Know Your Customer (KYC) purposes and requirements, which you acknowledge may be updated or modified from time to time; and/or
  • you meeting such other requirements that we consider reasonable.

We can reject subsequent requests for early release of Funds even if we have accepted earlier ones and we can impose the same or different conditions in respect of each separate request.

If you are a school, government department or agency or charity we may permit you, in our absolute discretion, to have early release of Funds before the event or activity has been completed without imposing such conditions.

You acknowledge and agree that you will be required to deposit into our nominated bank account the full amount of Funds that we have released to you ('Released Funds') within 1 business day of us requesting that you do so if:

  • your event is varied, cancelled or postponed;
  • we consider, acting reasonably, that one or more circumstances exist where a customer or ticket holder would have a full or partial entitlement to a refund from you or the customer's or ticket holder's credit card or payment service provider;
  • we suspect, acting reasonably, that you or any guarantor of your obligations are or may be insolvent or that any insurance policy that you are required to take out has not been taken out or has lapsed; or
  • any step is taken to appoint a receiver and manager, trustee in bankruptcy, administrator, a liquidator or other like person over the whole or any part of your assets or those of any guarantor of your obligations.

If we request it, you must return all Released Funds in these circumstances whether refunds are presently due or not.

 

Funds and fees - Third Party Gateway

If you elect to use a Third Party Gateway as your payment option, you agree that the Fees will be remitted to us on each transaction. If you choose to use the Third Party Gateway, the management of the Event Funds, including the collection, holding and release such funds, will be a matter between you and the Third Party Gateway service provider. Any terms governing your use of the Third Party Gateway are as between you and the third party service provider and do not in any way affect these Terms.

 

Funds and fees - Cash Payments

If you elect to take Cash Payments when using the Box Office product, you agree that the Fees will be received by you for each paid ticket sale. We will collect these Fees by deducting them from your TryBooking account as they occur. Should your TryBooking account balance have a negative balance at month end, TryBooking will invoice you for the value of these Fees to bring the bring the balance back to nil. You acknowledge that the reconciliation and security of any cash received in relation to the Box Office is solely your responsibility.

 

Event variation, postponement or cancellation and refunds

If you become aware that the details of an event will need be varied (including time, date, venue, etc) or the event is to be cancelled you must immediately notify us and promptly update the event page.

You must use reasonable endeavours to promptly notify customers of a variation, postponement or cancellation and always before the date of the event. We will assist you by providing relevant contact information however it is your responsibility to contact the customer.

Where you elect or are required to give refunds to customers, you must only do so via your Account and must ensure that, if applicable, sufficient Released Funds are returned to us to cover all amounts you will refund. In circumstances where we have required you to return Released Funds, we may either manage all refunds as your agent via your Account or require you to give refunds in accordance with our directions. All refunds should be done via the same payment method as the original transaction.

You are solely responsible for any refunds and must not make any representations to customers or to any third parties about us or our fees in connection with refunds.

Notwithstanding anything else set out in these Terms, you indemnify us for any loss (including indirect and consequential loss) or damage that we suffer or incur as a result of or in connection with any varied, postponed or cancelled event and any refunds to customers, including any shortfall in refund amounts by reason of the payment to us of our fees and charges. 

 

Fundraising Facility Fees

In consideration of Trybooking being appointed as the Fundraiser's agent and permitting the Fundraiser to receive donations through the Fundraising Facility, the Fundraiser will pay to Trybooking the Fundraiser Facility Fees.

The Fundraiser Facility Fees will be paid to Trybooking by Trybooking withholding from the Remitted Amount the value of those Fundraiser Facility Fees.

 

Other adjustments

You acknowledge that in some circumstances we are required to refund or pay amounts to customers in connection with your use of the Services as a result of adjustments by our payment service providers. We are not responsible or liable to you in any way for any such adjustments. You are liable to us and indemnify us for and must pay to us on demand the full amount of any adjustments and any associated costs and bank fees that we may incur.

 

Your event and fundraiser terms and conditions

You may upload your own terms and conditions to apply to your events, fundraising and other activities. These will appear to customers during booking or donation and may be printed on confirmations. You are solely responsible for any terms and conditions attached or imposed by you.

You must not include in your terms and conditions anything that could result in a customer believing that they have any rights against us or that we have any obligations to them.

TryBooking will store the version of the event and fundraising terms and conditions that customers agree to for auditability purposes.

 

Intellectual property and ownership of content

Unless indicated otherwise all content and materials in any format on the Website and all intellectual property in the Website is owned or licensed by us.

Subject to these Terms, you agree that you will not infringe our intellectual property as contained in the Website and will not modify, copy, republish, frame, distribute or communicate any part of the Website or any information contained on or in the Website without our written consent or otherwise use the Website in a way which will infringe our intellectual property or other rights.

We grant you permission to download our copyright material only for private and non-commercial purposes or for purposes necessary for you to access the Services. You may only reproduce or use our copyright material for any other purpose with our written consent, which may be given subject to such conditions as we in our absolute discretion may impose.

All rights not expressly granted are expressly reserved.

 

Your Content

We may use Your Content uploaded to our Website in any way to provide the Services. 

You represent and warrant that Your Content is accurate and truthful, you have all rights, power and authority necessary to provide Your Content to us, that Your Content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, that it complies with all applicable laws and does not violate these Terms or the Privacy Policy. We reserve the right to remove any of Your Content from the Website or Services at any time if we consider acting reasonably that it violates these Terms or the Privacy Policy. 

We do not claim any ownership rights in any of Your Content and nothing in these Terms restricts any rights that you may have to use and exploit Your Content outside of the Services.

We may use your name and logo for the purpose of identifying you as an existing or past customer of ours on the Website, in the Services and in marketing, advertising and promotional materials.

 

Third Party Content

The Website may contain Third Party Content and the Website and our Services may enable you to link to or access Third Party Content.

We do not control and are not responsible for Third Party Content and you bear all risks associated with your access to and use of Third Party Content.

Any Third Party Content made accessible by us is provided on an 'as-is' and 'as available' basis without any warranty of any kind. Third Party Content may be indecent, offensive, inaccurate, infringing or otherwise objectionable or unlawful, and we are not responsible for and under no obligation to control, monitor or correct Third Party Content. We do not have a practice of monitoring or making inquiries about Third Party Content, do not endorse and make no express or implied representations concerning Third Party Content.

We reserve the right to take remedial action if any such content violates applicable restrictions under these Terms, including the removal of, or disablement of access to, such content.

The owner, author or provider of such Third Party Content retains all rights in and to that content, and your rights to use such Third Party Content are subject to and governed by the terms applicable to such content as specified by such owner, author or provider.

 

Privacy

Our Privacy Policy is incorporated into these Terms.

You must comply with all privacy laws applicable to you in using the Services, including ensuring any Personal Information you collect from customers is collected, used and managed by you in accordance with all applicable privacy laws and with such person's consent.

Any customer Personal Information we collect and provide to you is solely for the purpose of conducting the event. You are not authorised to send customers any unsolicited emails, mail or 'spam' or to add them to your mailing list unless they have opted in to receive further correspondence from you during the ticketing process.

Any Personal Information that Trybooking collects and provides to the Fundraiser in connection with donations received through the Fundraising Facility is to be used and disclosed by the Fundraiser solely for the purpose of administering those donations and all other acts directly connected to that purpose.

To avoid any doubt, the Fundraiser must not use that Personal Information for any other purpose unless the individual has provided his or her consent.

 

Use of subcontractors

We may subcontract parts of the Services to our affiliates and use third party suppliers to support the delivery of the Services.

 

Termination or suspension by us

We may suspend or terminate your right to use all or any part of the Services at any time if:

  • you violate or breach these Terms;
  • you misuse or abuse the Services;
  • you violate or breach our Community Guidelines;
  • we consider you or a Customer for your event is engaging in fraudulent use of credit cards;
  • we consider that a particular event or your use of the Services is not socially acceptable (including because of the nature of the relevant event, Your Content or your intentions in relation to the particular use of the Services);
  • we consider that a particular event or your use of the Services may harm or diminish our name or reputation;
  • allowing you to access and use the Services would violate any applicable law or would expose us to legal liability;
  • we suspect, acting reasonably, that you or any guarantor of your obligations are or may be insolvent or that any insurance policy that you are required to take out has not been taken out or has lapsed; or
  • any step is taken to appoint a receiver and manager, trustee in bankruptcy, administrator, a liquidator or other like person over the whole or any part of your assets or those of any guarantor of your obligations.

We will use reasonable efforts to provide you with notice of any such suspension or termination.

We will not be liable to you or any third party for any such suspension or termination of your right to use or access all or any part of the Services.

Where we terminate due to the suspicion of the fraudulent use of credit cards or PayPal we retain the right to reverse such credit card or PayPal transactions in order to return funds to the Customer.

Trybooking has the right to suspend or terminate the Fundraiser's use of the Fundraising Facility at any time in Trybooking's absolute discretion.

 

Termination by You

The Account Owner may terminate your access to the Services at any time by contacting info@trybooking.com

 

Variation of these Terms

TryBooking may vary these Terms from time to time. Unless otherwise notified to the contrary, such modification will take effect upon being posted to TryBooking's website.

If the Fundraiser does not agree to the Terms as varied, the Fundraiser must forthwith cancel use of the Services. The Fundraiser will not be relieved of its obligations under the varied Terms should such notice not be received by the Fundraiser or be received after the variation to the Terms has taken effect.

 

Survival of terms

All provisions of these Terms that by their nature should survive termination of your access to the Services and/or closure of your Account shall survive including all limitations on liability, releases, indemnification obligations, disclaimers, choice of law and intellectual property protections.

 

Disclaimer

Except as otherwise required by law:

  • the Services are provided 'as is' and 'as available' without any express or implied warranty;
  • we make no representations and give no warranties in respect of the Services including that such Services are reliable, accurate or suitable for your purposes;
  • we make no representations and give no warranties in respect of the means of accessing any content and information contained in, displayed on or accessible through the Website, including content or information generated on the Website by us or on our behalf and any Third Party Content, or software operating in connection with the Website; and
  • we make no representations and give no warranties in respect of, and accept no responsibility for, any websites operated or controlled by anyone other than us which are or may become linked or framed to or from the Website.

While we will do our best to ensure the Services run without error we do not guarantee continuous, uninterrupted or secure access to the Services or any specific results from use of the Services.

You acknowledge that access and use of the Services (including the software operating in connection with the Services) may be interfered with by numerous factors outside of our control.

To the maximum extent permitted by law, TryBooking does not warrant that the services will uninterrupted, accurate or error free nor does it make any warranty as to the results that may be obtained from use of the services.

To the fullest extent permissible by applicable law, in no event shall TryBooking or its current, future parent or affiliated companies, be liable to you for any loss or corruption of data, personal injury, property damage, lost profits, cost of substitute goods or services, loss of goodwill, work stoppage, computer and/or device or technology failure or malfunction or for any form of direct or indirect, special, incidental, consequential, exemplary or punitive damages based on any causes of action arising out of use of the websites or any alleged failure of performance, error, omission, interruption, deletion, defect, or delay in service, operation, or transmission of the websites, or any alleged computer virus, communication line failure, theft or destruction of property, and/or unauthorized access to, alteration of, or use of or posting of any record, content, or technology, pertaining to or on the website.

If you use the TryBooking scanner application, box office or kiosk application, you acknowledge that we are not responsible and cannot be held liable for any loss or damage caused by the use of fraudulent, unauthorised or imitation tickets by attendees at your events.

 

Force majeure

We are not responsible for failure to fulfil our obligations due to causes beyond our control.

 

Limitation of liability

You agree that, to the maximum extent permitted by law, we and our related entities, directors, officers and agents are not liable to you or anyone else for any loss or damage (including any direct, indirect, special or consequential loss) in tort (including negligence) or otherwise arising out of, or in connection, with the use of the Services, your reliance on anything contained in or omitted from the Website, being unable to access the Services or the Website for any reason (including our negligence) or the failure of the Services for whatever reason (including our negligence).

Subject to the terms set out below under the heading 'Australian Consumer Law' and to the maximum extent permitted by law, our maximum liability for all claims related to the Website and your use of the Website will be the lesser of an amount not exceeding the amount paid by you to us in the 12 month period preceding your claim and $10,000. This limit applies collectively to us and our related entities, directors, officers and agents. We will not be liable for special, incidental, exemplary, indirect or consequential loss or damages, or lost profits, business, value, revenue, goodwill or anticipated savings in any circumstances. You agree not to bring legal action or make a claim arising out of or related to your account, or any services you use, more than two years after the cause of action arose.

 

Indemnity

You indemnify us against any action, liability, claim, loss, damage, proceeding, expense (including legal costs) suffered or incurred by us arising from or which is directly or indirectly related to your breach or non-observance of any of these Terms or any breach, or alleged breach, of intellectual or other proprietary rights or interests of third parties.

The Fundraiser indemnifies Trybooking in respect of all costs, loss or damage incurred or suffered by Trybooking arising from:

 

  • any of the warranties set forth herein not being true at any material time;
  • responding to, or participating in, any investigation or inquiry by, or proceeding or action commenced by, any regulator or governmental authority in connection with the Fundraiser;
  • any failure;
  • any allegation by any person that Trybooking is infringing a person's intellectual property rights.

The Fundraiser must, upon becoming aware of, or suspecting, that any warranty ceases to be true:

immediately advise Trybooking in writing of that knowledge or suspicion and the basis therefor;

at the Fundraiser's cost, provide all information, material and assistance that Trybooking may reasonably require in Trybooking responding to same.

This section titled 'Indemnity' survives any termination or discontinuation of your use of the Services.

 

Australian Consumer Law

If you constitute a consumer under the Australian Consumer Law while using the Services, nothing in these Terms is intended to remove your rights under the Australian Consumer Law, including to statutory guarantees that may apply to the Services. If we are entitled to limit the remedies available to you for breach of such guarantees, we expressly limit our liability to either supplying the affected Services again or paying the cost of supplying the Services again.

 

Our relationship with you

Other than as expressly provided in these Terms we are an independent contractor, and do not undertake to perform any of your regulatory obligations, or assume any responsibility for your business, operations, events and activities.

 

No assignment or transfer

You may not assign or transfer your Account or the Services you are using to any person without our written consent. We can assign our right to receive payments from you under these Terms and can transfer some or all of our rights and obligations in respect of your Account by notice in writing to you.

 

Notices

All notices under these Terms must be in writing. We will send notices to you to the address specified in your Account settings. You must send notices to the Melbourne office address specified on our Website under 'Contact' to the attention of the Company Secretary. The parties consent to the use of electronic means for communications as a signed writing.

 

Severability

If any provision of these Terms is deemed to be invalid or unenforceable, all or part of that provision will be severed from these Terms and will not affect the enforceability of the remaining provisions.

 

No waiver

Any failure by us to assert any right under these Terms shall not constitute a waiver of such right. If we waive or fail to assert a right or to enforce a particular term on one or more occasion, this is not to be deemed a further or continuing waiver of such right or term.

 

Governing law

These Terms are governed by the laws of Victoria, Australia.