Website Terms of Use – Organiser

These terms and conditions outline the rules and regulations for the use of Wandjoo’s Website.

About the Website

Welcome to https://wandjoo.com.au/ (the ‘Website’). The Website provides online event ticketing services (the ‘Services’).

The Website is operated by Wandjoo (ABN 35 173 493 579). Access to and use of the Website, or any of its associated Products or Services, is provided by Wandjoo. Please read these terms and conditions (the ‘Terms’) By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Wandjoo reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Wandjoo updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication.

Acceptance of the Terms
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Wandjoo in the user interface.

1. Who we are and what we do;
   • Wandjoo offers the following services to event organisers (“services”):
     • We allow you to create an event page on our Site from our easy-to-use templates to advertise and promote your event or organisation via a unique URL;
     • We allow you to determine the ticket price;
     • We give you access to our secure payment gateway (“gateway”) through which people (“buyers”) can buy tickets to your event;
     • We process all payment from Buyers on your behalf, so you do not need to set up your own payment processes. You will receive 100% of your designated ticket or registration price less the Wandjoo booking fee set out in term 7;
     • We deliver all tickets to Buyers on your behalf via electronic mail;
     • We maintain accurate records of the number of tickets purchased for your event which we will provide to you on request so that you can easily track how ticket sales for your event are progressing; and
     • If you want to hand over aspects of your event page management to us, or require customised pages and fulfilment processes, we can do this on your behalf for additional fees.

2. Your use of our Services
   • Wandjoo grants you a non-exclusive, non-transferrable right to access and use the Services solely for the purposes of creating an event page, offering to sell and selling tickets or registrations to an event or organisation you have registered on the Site. In consideration of this right, you agree that we may charge a booking fee (“booking fee”) per ticket as outlined in term 7.
   • From time to time Wandjoo may allow you to download or use software in connection with the services (for example, mobile applications or embedding code for your independent website). In those circumstances, Wandjoo grants you a personal, non-transferable, revocable, non-exclusive licence to use such software solely for your use in connection with the Services and in accordance with these Terms and any instructions provided by Wandjoo in conjunction with the software.
   • Each ticket is issued by Wandjoo subject to our user terms and conditions [https://www.wandjoo.com.au/terms-and-conditions/]. You acknowledge that you have read and agreed to these user terms insofar as they apply to you as an event organiser and user of the Site. The user terms make provision for you or the venue operator to set additional terms and conditions specifically related to your event. You must clearly outline any additional terms and conditions on your event page.

      

3. Creating an account
   • To access the services, you must create an account on the Site.
   • You must be at least 18 years of age to create an account. The Site is for the sale of tickets or registrations to an event or organisation being conducted in Australia only.
   • If you are an individual creating an account on behalf of your employer or a company, you acknowledge and represent that you have the legal authority to represent that legal entity and to grant Wandjoo the permissions outlined in these Terms.
   • By creating an account, you authorise Wandjoo to act as your agent in respect of ticket sales for your event and specifically to:
     • advertise and promote your event or organisation via the event page and the Wandjoo website, and as otherwise agreed;
     • sell tickets or registrations to the public for any event promoted on the event page;
     • collect GST on ticket sales as applicable;
     • collect payment from buyers and submit it to our payment processing platform (Stripe, Inc) on your behalf;
     • retain all relevant booking fees; and
     • process and deliver purchased tickets to buyers, including to email, mail or otherwise make the tickets available to buyers.
   • To create your account, you will need to supply a password. It is your sole responsibility to maintain the confidentiality of the password and the activities conducted by your account. Wandjoo is not liable for any loss or damage resulting from your failure to maintain a secure account or for any unauthorised modification of the event page.  
   • It is your responsibility to provide and maintain accurate account information, including the username, contact details and banking details, and you agree to notify Wandjoo immediately of any change to this information. We are not responsible for deposits into a bank account where incorrect or out of date information have been provided to us.
   • All personal information you provide will be held in accordance with the Wandjoo Privacy Policy [https://www.wandjoo.com.au/privacy-policy/].

      

4. Subscription to use the Services
   • In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’).
   • In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
   • Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account’).
   • As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
     • Email address
     • Preferred username
     • Mailing address
     • Telephone number
     • Password
     • ABN or ACN
   • You warrant that any information you give to Wandjoo in the course of completing the registration process will always be accurate, correct and up to date.
   • Once you have completed the registration process, you will be a registered member of the Website (‘Member ‘) and agree to be bound by the As a Member you will be granted immediate access to the Services from  the  time you have completed the registration process until  the  subscription  period expires (the ‘Subscription Period’).
   • You may not use the Services and may not accept the Terms if:

• • • you are not of legal age to form a binding contract with Wandjoo; or
    • you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
  • Payment
    Where the option is given to you, you may make payment of the Subscription Fee by way of:
    • Credit Card Payment (‘Credit Card’)
    • Direct invoice
  • All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
  • You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee .
  • You agree and acknowledge that Wandjoo can  vary the  Subscription  Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

• • Refund Policy
    Wandjoo will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Wandjoo makes a    decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).

5. Content of the event page
   • It is your responsibility to upload all relevant information to the event page and to ensure the content complies with term 10. You agree that all content you upload is true, accurate and complete, and will be maintained and kept up to date. Wandjoo is not liable for a failure on your part to accurately and adequately inform buyers of the terms of their purchase. This includes information regarding:
     • the date and time the tickets are available for purchase;
     • the payment methods available to buyers;
     • refund timeframes in the event of cancellation and/or issuing error (must be consistent with term 8);
     • whether there is a maximum number of tickets that can be purchased in any one transaction; and
     • the delivery methods for purchased tickets.

6. Ownership of content
   • You retain ownership of information and content uploaded by you to the event page. However, to enable Wandjoo to reproduce the event content on the Site, you grant to Wandjoo a non-exclusive, transferrable, assignable and sub-licensable licence worldwide to all information, content, graphics, logos, images and other content (“Organiser Content”). This licence permits Wandjoo to copy, reproduce, modify, create derivative works, publish or distribute the Organiser Content as it sees fit.
   • You represent, warrant and guarantee that:
     • you have all rights necessary to grant the licence contained in term 6.1;
     • the Organiser Content does not infringe the intellectual property or ownership rights of a third party;
     • you will not make any attempt to disguise the origin or owner of Organiser Content or the provider of the tickets promoted through the Organiser Content; and
     • you are responsible for the content or reliability of any websites linked via the Organiser Content.
   • All content, images, software and designs on the Site other than the Organiser Content (“Wandjoo Content”) are owned by us or used under licence or with consent, including from other event organisers. You may make a temporary copy of all or part of the Site on your local computer for the sole purpose of reviewing the event page. You may also retain a single permanent copy for your business records. You may not otherwise in any form copy, reproduce, modify, create derivative works, publish or distribute Wandjoo Content without the prior written consent of Wandjoo or as permitted by applicable copyright laws.
   • The Wandjoo Content is protected by copyright under the laws of Australia and other countries through international treaties. You must not remove any proprietary notice or credits contained on the Site.
   • The Site contains trademarks, logos and trade names of Wandjoo (“Wandjoo Trademarks”) which may be registered or otherwise protected by law. Wandjoo Trademarks will be included on all materials we generate on your behalf, including all tickets and your Event Page. You must not otherwise use any trademarks, logos or trade names which are used on the Site without our permission. Nothing contained on this Site should be construed as granting any licence or right to use any trademark displayed on the Site.
   • We reserve all of our rights to enforce our intellectual property rights to the fullest extent of the law.

      

7. Payment
   • When you set up an event page on the Site, you will:
     • identify your ABN (if applicable) and whether you are registered for GST;
     • input the cost of the ticket exclusive of GST.  Subject to term 7.2, you determine the ticket price in your sole discretion.
   • In consideration of the services provided to you, Wandjoo will collect a booking fee in respect of every ticket sold on your behalf. The platform booking fee is identified on our Pricing Page [https://www.wandjoo.com.au/ticketing-packages/] or as negotiated individually between Wandjoo and you. If you have entered into a subscription with Wandjoo, you will be subject to the terms outlined in term 4 and booking fees will not be applied to you.
   • You acknowledge that the booking fee will be applied to each individual ticket sold by you via the services.
     • You may also add an additional booking fee to all ticket purchases, at a rate that is determined by you, at your sole discretion.
   • Service booking fees;
     • You acknowledge that the total of all booking fees will be applied on top of the ticket price and identified separately to the buyer.
     • In addition to the booking fee, the following fees and taxes may be applied to the transaction by the service as relevant:
   • Payment processing fees for the Stripe payment gateway.
     • Wandjoo will collect all payment from buyers. You authorise Wandjoo to process payments on your behalf, via the Stripe payment gateway.
     • Wandjoo will, via the Stripe Payment Gateway, electronically transfer to your designated bank account the net amount of the ticket purchase.
     • Wandjoo in not liable for any issues occurring with the transfer of funds from your connected Stripe account, into your nominated bank account.
     • You are aware that in some circumstances, buyers may initiate a credit card charge back. Any chargeback with respect to your event (processed at any time after a purchase) will be charged back to you and Wandjoo is not responsible or liable in any way for chargebacks initiated by Buyers. You indemnify Wandjoo for any such chargebacks.
     • Unless stated to be otherwise, charges referred to for any tickets supplied via the Site are stated inclusive of GST. A receipt will be provided to the purchaser on completion of purchase. Any Tax Invoices which are needed to be provided to the patrons are the responsibility of organiser as the responsible entity for the event.  GST means the Australian goods and services tax charged under the A New Tax System (Goods and Services Tax) Act 1999. Tax Invoice means tax invoice as defined by the Act.
     • All ticket prices are stated in Australian dollars.
     • You must raise any objections to any accounting issues from Wandjoo within 15 business days after the date the accounting statement is issued to you. If no objection is raised within that period, you are deemed to have accepted the accounting statement.

8. Cancelled, varied or postponed events
   • If you become aware that the details of an event will need be varied (including time, date, venue, supporting acts etc.) or the event is to be cancelled, you must;
     • immediately notify your attendees and Wandjoo, and
     • promptly update the event page.
   • Unless you otherwise clearly specify in the Event Content, if an event is cancelled, varied or postponed, you agree to offer to buyers a comparable ticket at a rescheduled event, or a refund of the full ticket price.
   • You must use reasonable endeavours to notify ticket holders of a cancellation, variation or a postponement before the date of the event. The service will assist you by providing tools to enable you to contact attendees; however, it is ultimately your responsibility to contact the buyer.
   • Payment of the booking fee to Wandjoo is for the service of facilitating the promotion of the event and the payment process; and it is not contingent upon the event going ahead.
   • You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that you may suffer or incur as a result of or in connection with any cancelled, varied or postponed event and consequential refunds to buyers, including any short fall in refund amounts by reason of the payment to us of the booking fee.

      

9. Exchanges and refunds
   • All ticket sales are final and unless you state otherwise on the event page, you are only expected to provide a refund or exchange in accordance with the LPA Code of Practice.
   • Where an error in ticket pricing is identified (whether due to human error or a transactional malfunction of the Site), upon request you are responsible for endeavouring to cancel the ticket(s) and provide a refund of the purchase as applicable.

      

10. Unauthorised content on event pages
    • As Wandjoo is reproducing and promoting the Organiser Content, it is important that such content be appropriate. We consider the following to be examples of inappropriate content and as such you agree not to upload Organiser Content which:
      • promotes or facilitates the sale of any goods or services other than tickets or the registration of events;
      • contains viruses or files of any type which are designed to interrupt, destroy of limit the functionality of computer software or hardware (or links to any such viruses of files);
      • is offensive to any individual or group, such as racist or bigoted content, or content which incites hatred or physical harm of any kind;
      • could be harmful to minors;
      • harasses or advocates harassment;
      • promotes illegal activities or conduct that is abusive, threatening, obscene or defamatory;
      • infringes the intellectual property or legal rights of another person, such as copyright or trademark rights;
      • displays pornographic or sexually explicit material of any kind; or
      • facilities gambling or gaming activities without our prior written consent such as contests, raffles, sweepstakes or lotteries.

11. Unauthorised use of the Site
    • If we become aware that you have committed, or intend to commit any of the actions below, we may take the action set out in term 12 and immediately and without notice terminate your account and stop payment of any amount that may be owing to you.
    • The following are examples of unauthorised use of the Site and therefore such actions constitute a breach of these Terms. You agree that you will not:
      • interfere with the proper working of the Site or take any action that imposes an unreasonably large burden on the Site; or
      • hack into the Site or use robots, spiders or other devices.
    • The following are examples of unauthorised use of your account and therefore such actions constitute a breach of these Terms. You agree that you will not:
    • use your account for the promotion of an event where it is not intended that Wandjoo facilitate ticket sales through the Site;
    • use this Site for the promotion of an event which is not actually intended to take place; or
    • facilitate illegal ticket sales or use the Site to resell tickets where you are not authorised to do so, including by way of unauthorised framing or links to other sites for the purpose of reselling.

       

12. Termination of Account
    • Wandjoo reserves the right to terminate your account without prior notice where:
      • you are in breach of these Terms;
      • you are fraudulent in connection with your account;
      • there is a failure to pay any amounts owed to Wandjoo in a timely manner;
      • you commit any act of bankruptcy as defined in the Bankruptcy Act 1966 (Cth), make a scheme or arrangement with creditors, or are placed in receivership, liquidation, administration or any form of insolvency administration or a receiver and manager or provisional liquidator of the undertaking is appointed; or
      • your account remains inactive for a period of 4 months and there is a failure by you to demonstrate an intention to use.
    • Wandjoo may at its sole discretion terminate your account with 30 days’ notice.

       

13. Consequences of a breach
    • Wandjoo reserves the right to monitor all content contained on the Site, including Organiser Content, to ensure compliance with these Terms. If you breach these Terms or we believe you are or were acting in concert with any person who has done so, we may without prior notice:
    • alter, edit or remove any or all Organiser Content;
    • delete your account and cancel any tickets or ticket orders that have been made by a purchaser via the account without refund;
    • prohibit you from opening future accounts;
    • block or limit your access to the Site; and/or
    • take legal action against you.

       

14. Disclaimer and Limitation of Liability
    • You use the Site and your account at your own risk.
    • We do not guarantee, represent or warrant that the Site will be free of defects or bugs, or that your access will be uninterrupted, timely or error free. Your access to the Site and/or your account may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
    • We reserve the right to change or discontinue any feature or service on the Site at any time.
    • To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Site that are not set out in these Terms.
    • To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to the replacement of goods or re-supply of services or the replacement cost of goods or re-supply of services.
    • In relation to any express warranty or condition set out in these Terms in connection with goods or services supplied or offered by us via the Site, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
    • Wandjoo disclaims any and all liability for the acts, omissions and conduct of any third-party users, promoters, advertisers and/or sponsors on the Site or otherwise related to your use of the Site.

       

15. Indemnity
    • You agree to indemnify Wandjoo, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
    • all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
    • any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
    • any breach of the Terms.

       

16. Dispute Resolution
    • Compulsory:
      If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
    • Notice:
      A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
    • Resolution:
      On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:
    • Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
    • If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
    • The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
    • The mediation will be held in Queensland, Australia.

       

17. Confidential:
    • All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

       

18. Termination of Mediation:
    • If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.

       

19. Venue and Jurisdiction
    • The Services offered by Wandjoo is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.

       

20. Governing Law
    • The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted  and  construed  by,  under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding  mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

       

21. Independent Legal Advice
    • Both parties confirm and declare that the provisions of the Terms are fair and   reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
      
      
22. Severance
    • If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.