EVENTROADS – ONLINE TERMS OF USE (“TERMS”)

WELCOME TO THE EVENTROADS WEBSITE. THE OWNER AND OPERATOR OF THE EVENTROADS WEBSITE, EVENTROADS Pty Ltd ACN: 618 144 602, PROVIDES ACCESS TO AND USE OF THE WEBSITE SUBJECT TO THESE TERMS. PLEASE READ THESE TERMS CAREFULLY. BY ACCESSING AND USING THE EVENTROADS WEBSITE AND/OR APPLYING FOR MEMBERSHIP, YOU AGREE TO BE CONTRACTUALLY BOUND BY THESE TERMS.

YOU MUST BE AGED 18 OR OVER TO SIGN-UP TO THE EVENTROADS WEBSITE. IF YOU ARE UNDER THE AGE OF 18 YOU SHOULD MAKE SURE THAT YOUR PARENT OR GUARDIAN HAS READ AND AGREED TO THESE TERMS.

  1. In these Terms:
  1. These Terms apply to Members and Users. These Terms will commence when a User first uses the Website and shall continue to govern that User’s use of the Website. These Terms also govern an application to become a Member and the Member’s relationship with Us.

Use of the Website

  1. We agree to use Our best endeavours to provide the Website and to promote Events in accordance with information available to Us. However, We do not warrant that the Website or any service will be uninterrupted or error-free, or that Event descriptions or other content are accurate, complete, reliable, current, or error-free.
  2. We reserve the right to accept or reject any application for Membership for any reason. We may in Our discretion cancel a Membership at any time.
  3. Upon a Member registering with Us, We will provide the Member with Login Details and a unique user account. Login Details are personal to the Member. Use of and access to the Website and any Member’s user account shall be personal to the Member only. A Member must not use Login Details for multiple concurrent logins and must ensure that Login Details are not disclosed to any other person. A Member must immediately notify Us if another person becomes aware of the Member’s Login Details.
  4. A Member must not permit any other person to use the Website by means of the Member’s user account.
  5. A User must not use any information obtained from the Website for commercial purposes.
  6. A User shall comply with all policies (including Our privacy policy) in relation to the Website as published by Us from time to time.
  7. A User must comply with all applicable laws and regulations in Australia and in the country in which the User resides or is domiciled and in which any relevant Event is held. We will not be liable for any breach of any such laws and the User fully indemnifies Us for any breach of such laws by any person.
  8. Any articles, comments, news items, other web sites and hyperlinks referred to on the Website are included for information purposes only. Third party sites are not under the control of Us and therefore We are not responsible for the condition or content of them. The User accesses these sites and/or use their products and services at her/his own risk. We make no representations as to: any affiliation with any other organization; the quality, veracity or accuracy of information contained in other web sites; or any endorsement of any other organization.
  9. We are unable to guarantee that any file made available for download from the Website is free from viruses or other conditions which could damage or interfere with data, hardware or software. The User assumes all risk of files downloaded and used from the Website and releases Us from all responsibility and liability arising from their use.
  10. A Member may post comments, reviews, suggestions or other information on the Website’s forums or discussion threads. However, the Member must not represent expressly or impliedly that such content is endorsed by Us or reflects the views of Us.
  11. The Member must not post or submit any content to the Website that is unlawful or promotes illegal activity, or is offensive or objectionable. This includes, but is not limited to, content that:
  1. We reserve the right (but We do not have any obligation) to monitor any content posted to the Website, and to remove any content that violates any clause contained in these Terms.
  2. A Member is solely responsible for any content s/he supplies or posts to the Website. The Member represents and warrants that: s/he owns, controls or is otherwise authorized to license all of the rights to the content that s/he posts; that the content is accurate; that use of the content that s/he supplies or posts does not violate these Terms and will not cause injury to any person or entity. The Member fully indemnifies Us for all claims resulting from content s/he supplies or posts.
  3. By posting content to the Website, the Member grants, and represents that s/he has the right to grant, Us a world-wide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.
  4. The listing of Events by Us is for information purposes only, is provided on an “as is” basis and is not an offer to sell any goods or services. We reserve the right to accept or reject any Event listing for any reason.
  5. The User warrant to Us that the s/he has made all necessary enquiries and satisfied her/himself regarding the suitability of Events for her/his purposes.
  6. The Member warrants to Us that s/he has made all necessary enquiries and satisfied herself/himself regarding the suitability of the Website for her/his purposes.

Intellectual property rights and licence to use content

  1. The Website and its contents are subject to copyright and are protected by Australian and international copyright laws. The compilation (including the collection, organisation and display of all content on the Website) is Our exclusive property and must not be reproduced without Our prior written consent. All trade marks, signs, logos and get-up (“marks”) contained on the Website are owned by Us or their respective third party owner. A User must not use such marks without the prior written consent of the respective owner.
  2. The User acknowledge and agree that:
  1. Notwithstanding anything to the contrary in these Terms, no clause will operate to assign or provide for the assignment of any intellectual property to the User or to any third person.
  2. The User may use content on the Website for personal use but must not and must not permit any other person (for commercial gain or otherwise), nor attempt to:

Warranties and liability

  1. The User warrants to Us that:
  1. The User is personally responsible for all use of the Website (including being vicariously responsible for use by any other person using her/his account).
  2. The User must indemnify and save harmless Us and Our related bodies corporate and their respective officers, employees, contractors and agents (the “Indemnified Persons”) from any loss, injury, damage, liability, costs or expenses whatsoever suffered or incurred by an Indemnified Person arising from or in connection with:
  1. All Implied Terms are expressly included in these Terms. All other terms which might otherwise be implied into these Terms, are excluded.
  2. Subject to the Australian Consumer Law, each User agrees that Our maximum aggregate liability in relation to any claim, loss or damage, whether arising under or in relation to these Terms, any tortious act or omission (including negligence) or under common law or statute, is excluded and (if it cannot be excluded) is otherwise limited to the maximum extent permitted by law.
  3. Subject to the Australian Consumer Law in relation to an Implied Term, in no event will We be liable to a User or a Member or to any other person for any indirect, special, incidental, consequential, punitive or other like loss or damage whatsoever, loss of profit or loss of data, whether or not such person was advised of the possibility of such loss or damage, in relation to the Website or these Terms.
  4. Nothing in the Website constitutes advice of any type. Information contained on the Website is provided on an “as is” basis. We is not required to provide such advice or information under these Terms and the User shall make her/his own enquiries as to the appropriateness and correctness of such. Under no circumstances shall We be responsible for any loss or damage occasioned by the User in reliance thereof and the User indemnifies and shall defend Us in respect thereof.
  5. We do not warrant the truth or accuracy of any statements or representations made by any third person. The User is responsible for verifying the accuracy and truth of such statements.
  6. We disclaim, to the maximum extent permitted by law, all responsibility and liability arising directly or indirectly from any use of material contained or referred to in the Website, including any errors, omissions or harmful components.
  7. The Member expressly acknowledges that no data is entirely secure and safe from a breach or failure of data backup and security. Accordingly, whilst We take reasonable steps in relation to data backup and security, We exclude all warranties and disclaim to the full extent permitted by law all liability in relation to data backup and security.

Use of information

  1. The User authorizes Us to use (including to reproduce and publish) all information provided by the User (including all personal information relating to the User and any third person) to the Website. The User represents and warrants to Us that the User has obtained fully informed consent from any relevant third person as to the use of their information.
  2. The User authorizes Us to use and provide personal information to Our suppliers to the extent necessary to fulfil Our obligations under these Terms.
  3. We may also collect the User’s personal information and use it for the following purposes:
  1. The User gives her/his consent to the types of use of information contemplated in these Terms and our Privacy Policy. The User gives her/his consent to Us sending electronic messages (including commercial electronic messages) within the meaning of the Spam Act 2003 (Cth), to the User.
  2. Our privacy policy shall be deemed to be incorporated into these Terms.
  3. For the purposes of these Terms, where reference is made to a third person who is a minor, the User represents and warrants to Us that (if the User is the minor’s parent or guardian) s/he gives consent on behalf of the minor, including in relation to Our communicating with the minor and the use (including reproduction and publication) of any information relating to the minor; or if the User is not the parent or guardian of the minor, then the User represents and warrants to Us that the s/he has obtained the fully informed consent of the minor’s parent or guardian for such purposes.

General

  1. These Terms and Our policies are subject to change by Us from time to time. Any such change shall be uploaded to the Website. In the event that any good or service is substantially limited by such changes, the Member shall be entitled to terminate these Terms by written notice to Us, provided s/he must pay Us for any goods supplied or services performed up to the time of termination.
  2. Notwithstanding any provision in these Terms, all or part of the agreement governed by these Terms may immediately be terminated by Us for any reasonable reason.
  3. We will not be responsible for any delay or failure to perform Our obligations under these Terms caused by any act beyond Our control including without limitation acts of God, wars, strikes, natural disasters, delay or default of any person.
  4. Any provision which by its nature would survive termination or expiry of these Terms (including without limitation any exclusion or limitation of liability or indemnity in these Terms) shall survive termination or expiry of these Terms.
  5. If any clause or part of these Terms is held to be void, illegal or unenforceable for any reason, it shall be deemed to be severed from these Terms without affecting any other clause or part of these Terms.
  6. We may sub-contract our obligations under these Terms.
  7. These Terms contain the entire agreement of the parties with respect to its subject matter. They set out the only conduct relied on by the parties and supersede all earlier conduct and negotiations by the parties with respect to their subject matter.
  8. Any right under These Terms may not be waived or varied except in writing signed by the person to be bound.
  9. We may assign or novate any of Our rights or obligations under these Terms and the User gives her/his consent to such assignment or novation.
  10. The User warrants to Us that he or she has all necessary authority to enter into the agreement governed by these Terms.
  11. The agreement governed by these Terms is governed by the laws of Victoria, Australia. The parties submit to the non-exclusive jurisdiction of courts exercising jurisdiction there.
  12. The Website may be accessed throughout Australia and internationally. We make no representations that the content of the Website complies with the laws, including intellectual property laws, of any country other than Australia. Users who access this site from outside Australia do so at their own risk and are responsible for complying with all applicable laws.