Terms of Use


These Terms of Use apply to your use of this website with URL address www.eventbirdie.com (the Website). This Website is operated by Event Birdie Pty Limited ACN 165 828 820 (referred to as “we”, “us”, “our”).

By using this Website you agree to accept these Terms of Use and we agree to grant you a non-exclusive, non-transferable licence to use the Website in accordance with the terms and conditions set out below. If you do not accept these Terms of Use, you must not use this Website.

We may revise these Terms of Use from time to time without notice and such revision will take effect when it is posted on this Website. Your continued use of this Website will be regarded as your acceptance of these Terms of Use as amended.

In addition to the provisions of these Terms of Use, there may also be specific and additional terms that apply to certain sections of this Website. Because those specific and additional provisions also apply to your use of those sections, we recommend that you review them wherever they appear. In the event of any inconsistency between the provisions of these Terms of Use and those other specific and additional provisions, the specific and additional provisions will prevail.

Links 

This Website contains links and other pointers to external websites operated by third parties. Such external websites are not under our control and we do not take any responsibility for the contents of any such site. We cannot guarantee, represent or warrant that the content contained in any third party website is accurate, legal or inoffensive. Any link to an external website is provided merely as a convenience to you and does not imply any endorsement of the material on such websites or any association with their operators.

You take sole responsibility for the use of any external website.

Copyright and submitted material

All materials and information on this Website, including without limitation any logo, design, text, graphic and their arrangement (Content), are licensed to or owned by us or the businesses or organisations which are promoted on this Website. Unless we indicate otherwise you must not copy, distribute, republish, download, display, post or transmit the Content in any form or by any means including but not limited to electronic, mechanical or otherwise without our prior permission or the written permission of the copyright owner. You may access and use the Content and this Website for your own personal use only. Unless expressly permitted otherwise, you must not do anything to alter, modify or add to the Content.

You acknowledge and agree that if you contribute Content to the Website, such Content:

is either owned by you or by a third party which has given you permission to contribute such Content to the Website;

will not contain any third party copyrighted material or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material; and

will become our property and you hereby assign, or will procure the assignment of, all rights, title and interests in and to such contributions to us.

We reserve the right to remove any Content from this Website at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have breached the immediately preceding sentence) or for no reason at all.

Any comments or materials sent to us through the Website including feedback data, questions, survey responses, reviews, comments and suggestions (collectively Feedback), will be deemed to be non-confidential. We have no obligation of any kind with respect to such Feedback and will be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others, including the name of the individual who provided such Feedback. Further, we will be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services incorporating such Feedback.

Trade marks 

Any trade marks appearing on this Website are the trade marks of the relevant owners, including, for the avoidance of doubt, the phrase “Event Birdie” and the Event Birdie logo, both of which are owned by us. You must not use any trade marks that appear on this Website without the written consent of the trade mark owner. 

Data Collection

You acknowledge that we collect data about your browsing activity on this Website. You consent to our use of that data for purposes related to our research (including market research), planning, product and service development, security and testing.

Please refer to our Privacy Statement for further information regarding our handling of your personal information.

Privacy

We treat personal data with respect and integrity. Our Privacy Statement explains how personal information will be treated as you access and interact with this Website and can be accessed here.

Accounts

When creating an Event Birdie account, you will be required to provide certain information and you will need to establish a username and password. You agree to provide accurate, current and complete information during the registration process and to update such information and keep it accurate, current and complete. 

You can register directly through the Website or via a social media service we may support (SNS). By using your SNS account, you are allowing us to access your SNS account information and you are agree to abide by the applicable terms and conditions of your SNS in your use of the Website via such SNS. 

We reserve the right to suspend or terminate your account if you breach, or if we reasonably believe you have breached, these Terms of Use or if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

You are responsible for maintaining the confidentiality of your password and account and you agree to notify us if your password is lost, stolen or otherwise disclosed to an unauthorised third party.

You are solely responsible for the activities that occur under your account, whether authorised or not.  

User conduct

You are responsible for all of your activity in connection with accessing and using this Website. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your access to the Website or your account, if applicable. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain personal information from any other user.

In accessing this Website, you must not: 

post, upload, publish, submit or transmit any content that (i) infringes, misappropriates or violates a third party’s intellectual property rights or rights of privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities or substances;

use the Website or your account, if applicable, for any purpose other than that for which it is intended to be used generally;

disrupt or interfere with the Website, or any services, system resources, accounts, servers or networks connected to or accessible through this Website or linked websites;

disrupt or interfere with any other user's enjoyment of this Website or linked websites;

use any robot, spider, other automatic device or manual process to monitor, copy or extract any web pages on the Website, or any of the Content, without our prior written permission;

take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website;

reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure and processes associated with the Website or any part thereof;

use this Website to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including material that are deemed threatening or obscene, or engage in any kind of illegal activity;

attempt to obtain unauthorised access to this Website or parts of this Website that are not opened to public access; 

use, display, mirror or frame this Website, or any individual element of the Website, our name, trademark, logo or other proprietary information or the layout and design of any page or form contained on a page, without our express written consent; or

use this Website in any way that violates these Terms of Use.

You must comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on this Website. We reserve the right to report potentially criminal activity to appropriate law enforcement agencies.

Indemnity

You agree to indemnify and hold us (and our related bodies corporate, directors, officers, employees, agents and contractors) harmless from any claim, action, demand, loss or damages made or incurred by any third party arising out of or relating to your conduct (including transmitting any defamatory, derogatory or offensive statements or material to any person), your use of the Website, your breach of these Terms of Use, or your breach of any rights of third parties.

Warranties and disclaimers

The Content and this Website are provided "as is" and “as available”.

To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of in respect of the quality, merchantability, fitness for purpose, or suitability of the businesses and organisations which are promoted on this Website, including the accuracy of the information provided by such businesses and organisations.

We do not warrant that this Website or the server that operates it is free from viruses or other corrupted materials or occasional outages or disruption to service which prevent you from accessing this Website or that use of this Website will be compatible with the hardware and software you are using to access it. You assume the entire cost of all necessary servicing, repair, or correction. We do not warrant or make any representations regarding the use or the results of the use of the Content or this Website in terms of their correctness, accuracy, reliability, or otherwise.

We reserve the right to make any change to the Content without notice. We may also make improvements or changes in the products or programs described in the Content at any time without notice. For example, changes in circumstances after the date of publication may impact upon the accuracy of the Content. 

Your use of this Website including all Content, data or software distributed by, downloaded or accessed from or through this Website is at your own risk. Before taking or refraining from any action in reliance on the Content or this Website, you must make and rely on your own enquiries in relation to, and in evaluation of, the Content including any information, predictions, opinions and statements contained in this Website.

Limitation of liability

Subject to any condition, warranty or right implied by any statutory consumer guarantee contained in any law which cannot by law be excluded by agreement:

we give no warranties, and you have no other rights, apart from those expressly set out in these Terms of Use; and

all implied conditions, warranties and rights are excluded.

Where any condition, warranty or right is implied by law, or any statutory consumer guarantee applies and cannot be excluded, we limit our liability for breach of, or other act contrary to, that implied condition, warranty or right, or statutory consumer guarantee to the fullest extent permitted by law.

Subject to the preceding paragraphs, we (including, in this limitation of liability clause, our related bodies corporate, directors, officers, employees, agents and contractors) expressly disclaim all liability to you or any other persons for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever, whether direct, indirect or consequential, arising out of or referable to the Content or this Website (or material accessed via this Website), or to access of this Website by you, howsoever caused, whether in contract, tort including negligence, statute or otherwise.

Nothing in these Terms of Use is intended to exclude, restrict or modify rights which you may have under the Competition and Consumer Act 2010 or any other legislation which may not be excluded, restricted or modified by agreement.

Termination and suspension

We reserve the right, without notice and in our sole and absolute discretion, to change, discontinue, suspend or terminate any service or feature offered by or through this Website, in whole or in part, at any time. For example, if your server is involved in any attack on any computer system, either with or without your knowledge or complicity, that server may be blocked or its access to this Website may be shut down or restricted while the problem is being investigated or fixed. 

Severability 

If any parts of these Terms of Use are deemed unlawful void or for any reason unenforceable then that provision may be severed from these Terms of Use and it will not effect the validity and enforceability of the remaining provisions. 

Waiver

No waiver by us of our rights under these Terms of Use shall be deemed a waiver of any other term or provision and shall be limited to a single waiver limited to the specific circumstances under which such waiver was granted. 

Currency

A reference to "$" or "dollars" throughout this Website is a reference to Australian currency, unless stated otherwise.

Applicable law

These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia. You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Contacting Event Birdie

If you have any questions about these Terms of Use, please contact info@eventbirdie.com.