Terms and Services
Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using Envited's Services, you agree to comply with and be bound by these Terms, as applicable to you.
Accepting These Terms
- Envited's services are available online through the webpages, web applications, marketplace and also offline through events services (“the Services”). These Terms apply across all use of the Services.
All information made available by Envited in relation to the Services (“Envited Content”) is different from the information that you post or use on the Services (“Your Content”)
- When these Terms use the term "Organiser," we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events ("Consumers"), or (b) for any other reason. Organisers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your."
When these Terms use the term "Envited," "we," "us," or "our," that refers to Envited and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.
- By accessing the Services you accept that all of Envited Policies will be enforced if they are applicable to you. We may sometimes provide you with services that may not be described in these Terms of Service, but these Terms of Service will apply to those services as well.
- What the "Terms of Service" Means. These Terms of Service and the other documents referenced in them (including in Section 1.3 above) comprise Envited's "Terms." These Terms are a legally binding agreement between you and Envited governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
Envited's Services and Role
- Envited's Services are multi-layered. The Services include the means to organise and share events across various social media platforms, for Organisers to create profiles and add webpages and market their events, a marketplace listing site for various providers to offer their services or sell their merchandise or accommodation related to the events listed on Envited.
- Envited does not hold the rights to the events listed on the Services and does not own your information. The use of the Services allows the users to create events and share them. It is your responsibility to ensure that the events meet all relevant laws.
- Envited payment processing will be run through a third party payment processing partner. Envited transmits your payment details to the third party payment processing partner and does not own and control your payment details otherwise.
Privacy and Consumer Information
- We treat privacy seriously and treat it as our utmost priority to keep your data safe.
- You indemnify Envited from any potential loss or data breach when you access the Services. If you organise any events on Envited, you will comply with all relevant laws in relation to the information collected for the events.
- These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Envited decides it's best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Envited.
- Envited may terminate your right to use the Services at any time if you violate or breach these Terms, misuse the Services or if necessary to comply with all relevant laws. Envited reserves its rights to stop offering any of the Services at any time. Envited maintains no liability as a results of its termination of the Services at any time.
- You may delete your account and terminate your access to the Services at any time.
- All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licences).
Export Controls and Restricted Countries
As a global company based in the Australia with operations in other countries, Envited complies with certain export controls and economic sanctions laws. All Users, regardless of your or the event's location should familiarize yourself with these restrictions. In accepting these Terms you represent and warrant that: (a) you are not located in, and you are not a national or resident of, any country to which Australia, the United States, United Kingdom, European Union, or Canada has embargoed goods and/or services of the same type as the Services. , including without limitation, Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; and (b) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (i) that appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; (ii) that is subject to sanctions in any other country; or (iii) that is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles.
Release and Indemnification This is where you agree to cover Envited if you use the Service in a way that causes Envited to be the subject of a legal matter, or to face other claims or expenses, or as otherwise set forth herein, to the extent permitted by applicable laws.
- Release. You hereby agree to release Envited from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
- Indemnification. You agree to defend, indemnify and hold Envited and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a "Claim") relating to or arising out of: (a) your breach of these Terms (including any terms or agreements or policies incorporated into these Terms); (b) your use of the Services in violation of these Terms or other policies we post or make available; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; (d) Envited’s collection and remission of taxes; and (e) if you are an Organiser, your events (including where Envited has provided Services with respect to those events), provided that in the case of (e) this indemnification will not apply to the extent that the Claim arises out of Envited's gross negligence or willful misconduct. Envited will provide notice to you of any such Claim, provided that the failure or delay by Envited in providing such notice will not limit your obligations hereunder except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, Envited may choose to handle the Claim ourselves, in which case you agree to cooperate with Envited in any way we request.
Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. Envited expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Envited makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Envited has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer's personal information shared with Organisers in connection with events) or the ability of any User to perform or actually complete a transaction. Envited has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that Envited requires to provide the Services, that an Organiser chooses to assist with an event, or that you choose to contract with when using the Services.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those events.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
Limitation of Liability
- To the extent permitted by applicable laws, or as otherwise set forth herein, Envited and any person or entity associated with Envited's provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Envited has been advised of the possibility of such damages); or (b) Your Content. In addition, other than the obligation of Envited to pay out Event Registration Fees in certain circumstances to certain organisers under the Merchant Agreement, and only in accordance with the terms therein, the maximum aggregate liability of Envited or Associated Parties is limited to the following:
- for Organisers of events with paid tickets, and subject to the terms of the Merchant Agreement, the fees (net of Envited Payment Processing Fees) that you paid us in the three (3) month period immediately preceding the circumstances giving rise to your claim; and
- for Organisers of events with free tickets only, Consumers or other Users, (1) the total amount of all tickets or registrations that you purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to your claim; or (2) if you made no such purchases, ten Australian dollars (AUD $10).
- Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may not be lawfully excluded or limited. Some jurisdictions do not allow the exclusion of certain warranties or conditions or the limitation or exclusion of liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. Accordingly, only those liability and other limitations which are lawful in your jurisdiction (if any) will apply to you and our liability is limited to the maximum extent permitted by law.
IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
- Contact Us First.
If you have a question or concern about the Services, please contact us at firstname.lastname@example.org.
- Agreement to attend mediation.
We will work with you to resolve your concerns. In the event that this does not get resolved, the parties agree to resolve any disputes or claims through attending mediation or in the Magistrate Courts of Australia in Perth, Western Australia as a minor claim case.
- Scope of Agreement.
This agreement to attend mediation is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
Notwithstanding this Agreement to go for mediation, either party may bring an action on an individual basis as a minor claim case in Magistrates Court in Perth, Western Australia.
- No Class Actions.
You will not bring any claim against Envited as part of a class action.
- Notice of Dispute.
A party who intends to seek mediation must first send to the other a written Notice of Dispute ("Notice"). The Notice to Envited must be emailed to Envited.email@example.com. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Envited and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Envited may commence an appointment for mediation.
- Mediation proceedings.
Mediation will be held in Perth, Western Australia. If the Parties cannot agree on the choice of mediator, the mediator will be chosen by the President of the Real Estate Institute of Western Australia (REIWA).
(i) Costs of Mediation
Each party will bear their own costs in attending mediation or in bringing a claim in court.
License to the Envited Services
- Restrictions on Your Licence. Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localise, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorised manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
- Our Intellectual Property and Copyrights. You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Envited may own the Site Content or portions of the Site Content may be made available to Envited through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Envited and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
- Trademarks. The trademarks, service marks and logos of Envited (the "Envited Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of Envited. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks," and, collectively with Envited Trademarks, the "Trademarks"). The offering of the Services will not be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed in connection with the Services without the prior written consent of Envited specific for each such use. The Trademarks may not be used to disparage Envited, any third party or Envited's or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless Envited approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any Envited Trademark will inure to Envited's benefit. A number of issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by Envited and/or third parties. Please note that if you copy portions of the Services you are violating these patent rights and copyrights.
- Use of Sub-domains. Envited may provide you with the right to use a sub-domain within the Site for a given event. All such sub-domains are the sole property of Envited and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event Envited provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If Envited terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.