Terms of Service

Last updated July 2026

YourKind (YOURKIND PTY LTD ABN 31 663 959 448). Terms of Service (July 2026 update).

1 Introduction

1.1

The Company provides the “YourKind” platform. Brands use the Platform to create Events and experiences and sell Tickets to them, to offer and sell Memberships, to sell Products, to build and manage their audiences, and to communicate with them. A Brand may use any of these independently of the others, and a Membership need not relate to any Event. Individuals use the Platform to discover Events and experiences, to buy Tickets, Memberships and Products, and to manage their bookings and their Account. Use of the Platform is subject to these Terms of Service.

1.2

These Terms of Service apply to every User of the Platform, whether that User is a Brand or an Attendee. They are intended to be, and are, a complete and binding agreement on their own for any User who onboards to the Platform without entering into a Supplementary Agreement.

1.3

Some clauses of these Terms of Service apply only to certain Users. Where a clause is stated to apply to Brands, it applies to the Brand and to the Brand Owner. A Team Member who is not the Brand Owner is bound by these Terms of Service in respect of their own use of the Platform and their own conduct, but is not personally liable for any Fee, refund, chargeback, indemnity or other monetary obligation of the Brand. Where a clause is stated to apply to Attendees, it applies to a User in their capacity as a buyer or holder of a Ticket. Where a User is both, both apply to them in the relevant capacity.

1.4

The Ticket Sale Terms, the Marketplace Terms, the Purchase Order Terms, the Acceptable Use Policy and the Privacy Policy each form part of these Terms of Service and are incorporated into them. By accepting these Terms of Service, whether by creating an Account, by completing a purchase, or by otherwise using the Platform, a User also accepts each of those documents, whether or not the User has read them. Each of them is available at the Site. A User who does not accept all of them must not use the Platform. If there is any inconsistency, these Terms of Service prevail, except that the Acceptable Use Policy prevails in respect of the matters it covers.

1.5

Where a User has entered into a Supplementary Agreement with the Company, that Supplementary Agreement operates in addition to these Terms of Service and prevails to the extent of any inconsistency. A Supplementary Agreement does not relieve a User of any obligation under these Terms of Service unless it says so expressly.

2 What the Company is and is not responsible for

This clause is important and applies to every User. It sets out the limits of what the Company does.

2.1

The Company supplies the Platform. The Company is not the organiser, promoter, owner or host of any Event, and is not the supplier of any Ticket, Membership or Product. The contract for anything a Brand sells is between the Brand and the buyer. Where the Company collects payment for a Sale or is shown as the merchant of record for it, it does so only in connection with the collection and settlement of that payment and not as the supplier of what is sold.

2.2

The Brand is responsible for its Event and for everything about it, including whether it takes place, when and where it is held, what is provided at it, who is admitted to it, and its safety and conduct. The Brand is responsible for every Membership and Product it sells and for every benefit it promises.

2.3

Refunds are the responsibility of the Brand. The Company does not give refunds, is not required to give refunds, and is not liable to any person for any refund, for the amount or timing of any refund, or for a Brand’s failure or refusal to give a refund, in any circumstances. This includes where an Event is cancelled, postponed, rescheduled, relocated, cut short, or does not take place as advertised, and where a Membership or Product is not provided as promised.

2.4

Where the Company assists a Brand or a buyer in relation to a refund, a cancellation or a dispute, it does so as a matter of convenience only, does not assume any obligation by doing so, and accepts no liability whatsoever in doing so.

2.5

Nothing in this clause or in these Terms of Service excludes, restricts or modifies any consumer guarantee, right or remedy under the Competition and Consumer Act 2010 (Cth) or any other law that cannot lawfully be excluded, restricted or modified.

3 Communications from the Company

3.1

Where a User consents to receive communications from the Company, that consent extends to communications the Company sends about its own products and services, about the Events, experiences, Memberships and Products of any Brand that uses the Platform, and about the products and services of third parties, in each case where the Company is the sender of the communication. The Company does not disclose a User’s contact details to any third party for that third party’s own marketing.

3.2

Where a User consents to receive communications from a Brand, that consent extends to that Brand and, where a Ticket is bought for an Event run by more than one Brand, to each Brand identified at the point of purchase. It does not extend to any other Brand.

3.3

A User may stop receiving marketing communications at any time as described in the Privacy Policy. The Company will continue to send communications that are necessary to provide the Platform, including confirmations, Tickets, changes to an Event and security notices, for as long as the User holds an Account or a Ticket.

4 Definitions

The following terms are used regularly throughout these Terms of Service and have a particular meaning:

ABN means Australia Business Number.

Acceptable Use Policy means the Company’s acceptable use policy, as updated from time-to-time, which can be found at the Site.

Account means a registered account within the Platform.

Admin means a person given administrative permissions over a Brand by the Brand Owner or by another Admin.

Team Member means any person a Brand Owner gives access to a Brand, in any role the Platform makes available from time-to-time, including an Admin, a ticket scanner and door staff.

Attendee means a person who holds or is issued a Ticket, whether or not that person bought it and whether or not that person has an Account.

Booking Fee means the Fee charged by the Company in respect of each Ticket sold, as notified to the Brand from time-to-time.

Platform Fee means the Fee charged by the Company in respect of each Sale that is not a Ticket, including a Membership or a Product, as notified to the Brand from time-to-time.

Member means a person who holds a Membership.

Membership means a membership offered by a Brand through the Platform, whether free or paid and whether or not recurring, and whether or not it relates to an Event.

Product means an item, service or digital product other than a Ticket or a Membership that a Brand sells through the Platform.

Brand means an event organiser, venue, promoter or other business that creates and operates an account on the Platform to sell Tickets, sell memberships or communicate with an audience. References to a ‘Community’ or ‘Organisation’ elsewhere on the Platform have the same meaning as a Brand.

Brand Owner means the User whose Account creates a Brand, and who is responsible for that Brand under these Terms of Service.

Connected Account means the account a Brand holds with the Payment Gateway, through which it receives the proceeds of its Sales.

Credits means the prepaid units purchased by a Brand and used to send messages through the Platform. Credits are not YourKind Credits.

Business Day means a day (other than a Saturday, Sunday or public holiday) on which banks are open for general banking business in Sydney, Australia.

Company means YourKind Pty Ltd ABN 31 663 959 448.

Confidential Information means any written or verbal information that:

Is information deemed as confidential under these Terms of Service;
A party informs the other party that it considers it confidential and/or proprietary;
A party would reasonably consider to be confidential in the circumstances; and
Is personal information within the meaning of the Privacy Act and GDPR.

but does not include information that a party can establish:

Was in the public domain at the time it was given to that party;
Became part of the public domain, without that party’s involvement in any way, after being given to the party;
Was in party’s possession when it was given to the party, without having been acquired (directly or indirectly) from the disclosing party; or
Was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.

Corporations Act means the Corporations Act 2001 (Cth).

Event means an event or experience created by a Brand on the Platform, whether ticketed or free.

Fee means any fee charged by the Company under these Terms of Service, and includes the Subscription Fee, the Booking Fee, the Platform Fee, the price of Credits, and any other fee notified by the Company from time-to-time.

GDPR means the EU General Data Protection Regulation 2016/679.

GST has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Intellectual Property means all copyright, patents, inventions, trade secrets, know-how, product formulations, designs, circuit layouts, databases, registered or unregistered trademarks, brand names, business names, domain names and other forms of intellectual property.

Marketplace means the “YourKind Marketplace” online platform for the direct selling of digital products and services, developed by the Company and made available on the Site.

Marketplace Terms means the terms and conditions of using the Marketplace, as updated from time-to-time, which can be found at the Site.

Mobile Application Marketplace means an online marketplace for access to the Platform and other applications for mobile devices, including (without limitation) the App Store and Google Play.

Payment Gateway means Stripe or such other payment system the Company may adopt within the Platform from time-to-time.

Personal Information has the same meaning as in the Privacy Act.

Plan means a subscription tier made available by the Company from time-to-time, and the features and limits that apply to it.

Platform means the “YourKind” digital platform developed by the Company, including the Site, the Brand dashboard, the YourKind mobile application, Event pages and all features made available through them from time-to-time.

Privacy Act means the Privacy Act 1988 (Cth).

Privacy Policy means the Company’s privacy policy as updated from time-to-time, which can be found at the Site.

Promotion means any promotional discount or benefit made available to Users by the Company from time-to-time.

Sale means any sale a Brand makes through the Platform, including the sale of a Ticket, a Membership, a Product, an add-on, or anything else the Company allows a Brand to sell from time-to-time.

Purchase Order Terms means the terms and conditions applying to purchases made through the Marketplace, as updated from time-to-time, which can be found at the Site.

Site means yourkind.io, yourkindofapp.com, yko.link (the Company’s link shortening service), and any other URL where the Company advertises or makes available the Platform from time-to-time.

Subscription means an active subscription to a Plan pursuant to payment of the Subscription Fee.

Subscription Fee means the Fee charged by the Company for a Plan on a recurring basis, as notified to the Brand at the time of subscribing and as varied under these Terms of Service.

Supplementary Agreement means any separate written agreement between the Company and a User or Brand, including a partner services agreement, that applies in addition to these Terms of Service.

Stripe means the cloud payments platform accessible at https://www.stripe.com/.

Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).

Terms of Service means these terms and conditions of using the Platform, as updated from time-to-time, which can be found at the Site.

Ticket Sale Terms means the terms and conditions applying to the sale of Tickets through the Platform, as updated from time-to-time, which can be found at the Site.

Tickets means a ticket, registration or admission to an Event sold or issued through the Platform, and includes any add-on sold with it.

User means any registered user of the Platform, whether an Attendee, a Brand Owner, an Admin or otherwise.

User Content means all information, data, documents, hyperlinks, and other such materials entered or uploaded into the Platform by a User but does not include derivative data or analytics.

YourKind Credits means the loyalty credits earned by an Attendee under the Company’s loyalty programme. YourKind Credits are not Credits and have no cash value.

5 Using the Platform

5.1 General

To use the Platform, the User must accept these Terms of Service.
The licence granted under these Terms of Service shall be ongoing until terminated in accordance with the terms of these Terms of Service.
The User agrees that all use of the Platform is subject to these Terms of Service and must immediately cease to use the Platform if the User can no longer agree or adhere to these Terms of Service.
The Company may suspend an Account or restrict the access of any User that breaches these Terms of Service.
Persons under 16 years of age must not create an Account. By accepting these Terms of Service, the User represents to the Company that they are 16 years of age or above, or that a parent or guardian has created and manages the Account on their behalf.

5.2 Disclaimer

The Platform enables Brands to create and sell Events and experiences and to communicate with their audiences, and enables Attendees to discover and buy Tickets.
The Company is not the organiser, owner or promoter of any Event, is not the seller of any Ticket, and makes no representation or guarantee about any Event, Brand or Attendee.
The Company is in no way responsible for the conduct and actions of any User including any interaction between Users the result of using the Platform (whether this interaction occurs within or outside the Platform), especially the content of any messages.
The Company does not run background checks on Users, nor does it verify that information entered by a User is true and accurate. The Company makes no representation that statements and information provided by Users are true and accurate.

5.3 Marketplace

The User may also use the Marketplace in addition to the Platform.
The User acknowledges that they must take additional steps to successfully get set up to promote and sell digital products and services via the Marketplace.
The User accepts that their access to and use of the Marketplace will be governed by the Marketplace Terms which they must agree to as a condition to using the Marketplace.

5.4 Events & Tickets

A Brand may create Events and sell Tickets to them. A Brand’s doing so is subject to the Ticket Sale Terms.
Each User agrees that:
1. The Company is not the agent of any Brand or any Attendee, except as expressly provided in the Ticket Sale Terms, is not the supplier of any Ticket, and is not a party to the contract between the Brand and the buyer for what a Ticket entitles its holder to;
2. The Brand that lists an Event is responsible for that Event and for every concern, issue, dispute, complaint and refund relating to it or to any Ticket sold for it;
3. Booking Fees and Platform Fees are not refundable by the Company unless the Company agrees otherwise in writing; and
4. The Company is not responsible or liable for any Event, for any Ticket, or for the conduct of any person at or in connection with an Event, including any User, Brand or Attendee.
An Attendee may change the name, email address or mobile number recorded against a Ticket by signing into their account.
Where the Company makes a ticket transfer or resale feature available, its use is subject to any additional terms the Company publishes for that feature, to the Brand’s settings for the relevant Event, and to any law restricting the resale of tickets. The Company does not guarantee that any Ticket may be transferred or resold, and is not a party to any transaction between Attendees.
An Attendee may earn YourKind Credits in connection with purchases made through the Platform. YourKind Credits have no cash value, are not transferable, cannot be exchanged for money, and may be varied, suspended or withdrawn by the Company at any time.
An Attendee need not have an Account. Where a person buys Tickets for others, only that person is a party to the transaction. A person who holds a Ticket but has no Account is not a User, has no agreement with the Company, and their entitlement to attend is governed by the Ticket Sale Terms and by the Brand’s own conditions of entry. The Company handles their Personal Information in accordance with the Privacy Policy.
A person who buys or requests Tickets for another person warrants that they are authorised to provide that person’s details and to accept the Ticket Sale Terms and the Brand’s conditions of entry on their behalf.
Where a person interacts with a Brand through the Platform without already having an Account, including by subscribing to a Brand, completing a form or registering interest in an Event, the Company may create an Account for that person and add them to that Brand’s records. These Terms of Service apply to that person from the time they first access or use the Account. A person who does not wish to hold an Account may ask the Company to close it.
A person may hold YourKind Credits, a Membership, or a relationship with any number of Brands without ever holding a Ticket, and may hold a Ticket without being a Member of any Brand. Each capacity is separate.

5.5 Account

To access the Platform, the User must have set up an Account.
To create an Account, the User must verify their mobile number or email, by entering the verification code sent to their mobile device or inbox.
The User may be asked to provide additional details as part of Account sign up, including their date of birth, location and, optionally, their gender.
Where a User buys a Ticket to an Event, the User accepts that the information described in the Privacy Policy will be provided to the relevant Brand, and expressly consents to their Personal Information being shared in that manner.
The User must provide accurate and truthful information, and must not do so on behalf of or upon the instruction of any third party without that person’s consent.
The User may update their Account settings at any time, including their location, their discoverability on attendee lists, and their notification and marketing preferences.
The Company may permit or deny the User an Account in its absolute discretion (although the User may generally obtain an Account by completing registration and accepting these Terms of Service).

5.6 Supplementary Agreements

Where the Company and a User enter into a Supplementary Agreement, that agreement applies in addition to these Terms of Service and prevails to the extent of any inconsistency.
A Supplementary Agreement may give a User access to features, pricing or support that are not otherwise available. It does not reduce or remove any obligation a User has under these Terms of Service unless it expressly says so.
Where a Supplementary Agreement ends, these Terms of Service continue to apply to the User in full.

5.7 Features

The Company shall provide the User with access to, and use of the features as provided within the Platform from time-to-time.

5.8 User Content and Messaging

A User may upload content to the Platform and, where a feature allows it, send messages to a Brand or to an Attendee through the Platform. The Company does not assess, review or approve that content or those messages before they are sent or published. This clause applies to every User.
A User must ensure that any content they upload and any message they send is respectful and appropriate, and is in no way offensive, abusive, discriminatory, defamatory, rude, indecent, objectionable or unwanted.
The type and amount of information a User shares with another User, especially any sensitive or personal information, is within the complete control and at the risk of that User.
Where the Company makes a messaging or inbox feature available, a Brand may use it to correspond with Attendees and members, including by starting a conversation with a person whose details it holds. Messages sent through that feature are visible to every person with access to the relevant Brand’s account.
Where a Brand uses a messaging or inbox feature to send anything that is marketing, the Acceptable Use Policy applies to that message in the same way as it applies to an email or SMS campaign, including the requirement to hold and be able to evidence valid consent.

5.9 Attendee Lists

A Brand may choose to display an attendee list for its Event. Where a Brand has enabled this, an Attendee’s first name and profile picture are shown to other Users on the Event page and in the YourKind mobile application, as described in the Privacy Policy.
An Attendee who does not wish to appear may turn off the discoverable setting in their Account at any time.

5.10 Lodging a Complaint

A User may lodge a complaint with the Company about another User’s conduct on the Platform, including about content, messages or an Event.
Where a complaint is lodged, the Company may, where it deems appropriate, notify the User the subject of the complaint and provide them with an opportunity to explain their case, however the Company is under no obligation to identify a complainant.
The Company may otherwise take immediate action to suspend or delete the Account of any User that the Company determines is in breach of these Terms of Service without notice or prior opportunity to explain their case.
The Company’s decision to suspend or delete an Account is at its absolute discretion. The Company’s decision shall be final and not subject to review.

6 User conduct

6.1

The User agrees that it shall only use the Platform for legal purposes and shall not use it to engage in any conduct that is unlawful, immoral, threatening, abusive or in a way that is deemed unreasonable by the Company in its discretion.

6.2

In particular, the User agrees not to:

Use the Platform to prey on, harass, stalk, threaten, abuse or otherwise unduly interfere with Users;
Misrepresent their identity, gender, age or name when creating a profile;
Impersonate any other person or create fake profiles;
Use the Platform for illegal purposes or criminal activity, or to encourage any illegal activity;
Create, enter or upload User Content that is pornographic, violent, offensive, rude, false or otherwise immoral;
Allow any third party to access the Platform who has not agreed to these Terms of Service;
Breach the Acceptable Use Policy; and
Use the Platform, or permit it to be used, in a way that breaches any law that applies to the User or to any person they communicate with.

7 Fees, payments and refunds

7.1 Plans and Subscription Fees

The Company offers Plans, which may include a free Plan. A Brand may subscribe to a paid Plan, in which case the Subscription Fee is payable in advance for the subscription period elected. This clause and the clauses on Credits, the Booking Fee, variations, payment, currency and tax apply to Brands.
Subscription Fees are charged through the Company’s payment checkout on the Site or Brand dashboard. The Brand must keep a valid payment method on file for as long as it holds a paid Plan.
A Brand may manage, upgrade, downgrade or cancel its Subscription at any time from its Brand dashboard.
Subscription Fees renew automatically at the end of each subscription period for a further period of the same length, at the then-current Subscription Fee, and will be charged to the payment method on file, unless and until cancelled by the Brand from its Brand dashboard before the end of the current period.
Where a Subscription is cancelled, the features and benefits associated with the Plan cease at the end of the current billing period, and the Brand’s account reverts to the free Plan.
Where applicable, Promotions may affect the applicable Subscription Fee to be paid by the User which may include free periods.

7.2 Credits

A Brand may purchase Credits, which are used to send messages through the Platform. Credits may be purchased on a recurring basis or as a one-off top-up.
A Brand has discretion over how and when it uses the Credits linked to its account, subject to these Terms of Service and the Acceptable Use Policy.
Credits are not transferable between accounts, have no cash value, and are not refundable.
Where a Brand has exhausted its Credits, it must purchase further Credits before it can send further messages.
The features available to a Brand depend on the Plan it holds, as notified by the Company from time-to-time.

7.3 Booking Fee

The Company charges a Booking Fee in respect of each Ticket sold. By default the Booking Fee is charged to the buyer in addition to the Ticket price, however a Brand may elect to absorb the Booking Fee itself, in which case it is deducted from the amount the Brand receives. No Booking Fee is charged in respect of a Ticket issued at no cost to the Attendee, unless the Company notifies otherwise. The Company charges a Platform Fee in respect of every other Sale, including a Membership or a Product. Unless the Company notifies otherwise, the Platform Fee is borne by the Brand and deducted from the amount the Brand receives.
The Company’s Fees in respect of a Sale may be charged as a single amount and may include components referable to payment processing, currency conversion, and particular payment methods including instalment and buy-now-pay-later methods. Those components are the Company’s own Fees. They are not a pass-through or reimbursement of any third party’s charge and may exceed any amount the Company is itself charged. Unless the Company notifies otherwise, they are borne by the Brand and are deducted from the amount the Brand receives.
All Fees and charges referred to in this clause are earned by the Company at the time the relevant Ticket is sold, and are not refundable under any circumstances, including where the Ticket is refunded, the Event is cancelled, postponed or does not occur as advertised, or the Brand’s account is suspended or terminated.

7.4 Variations

The Company may introduce or change any Fee from time to time. A change to the Booking Fee, the Platform Fee or any other Fee charged in respect of a Sale applies to Sales made after the change. A change to the Subscription Fee applies from the Brand’s next renewal.
If a User does not accept a change to any Fees, then they can simply terminate their Account and stop using the Platform.

7.5 Payment

All Fees are paid through the Company’s payment checkout on the Platform, or in such other manner as the Company may direct from time-to-time.

7.6 Currency

Each Fee is charged in the currency notified by the Company or displayed at the time the Fee is incurred. Different Fees may be charged in different currencies.
The Booking Fee and the Platform Fee are charged in the currency in which the relevant Sale is made.
The Subscription Fee is charged in the currency displayed at the Company’s checkout at the time the Brand subscribes and on each renewal.
Credits are charged in United States dollars, unless the Company notifies otherwise.
The Company may change the currency in which any Fee is charged and clause 7.4 applies to that change as if it were a change to a Fee.
Where a Brand makes a Sale in a currency other than its home currency, clause 8 applies to the conversion and settlement of the proceeds of that Sale.

7.7 GST

For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees are inclusive of GST.
The Company does not issue invoices for Fees. A record of each Fee charged is available to the Brand through its Brand dashboard and through its Connected Account with the Payment Gateway.
Where a User is registered for GST in Australia and requests a Tax Invoice in respect of a Fee, the Company will provide one within 28 days of the request.
Where a Fee is charged in a currency other than Australian dollars, any GST amount shown on a Tax Invoice will be expressed in Australian dollars.
Where a User is outside Australia, the User is responsible for any value added tax, goods and services tax, sales tax or similar tax that applies to it in respect of Fees, and for any tax applying to its own sales of Tickets.

7.8 Refunds

No refunds of Fees are offered other than as required by law.
A User who is banned, blocked or suspended from using the Platform by the Company will not receive a refund for any payments made to the Company. It is the responsibility of the banned User to cancel any ongoing Subscription via the relevant Mobile Application Marketplace.

8 Payments, payouts and recovery

8.1 This clause applies to Brands

Except where clause 8.2 applies every Sale is processed through the Payment Gateway using a Connected Account held by the Brand. The Brand is the merchant of record for every Sale it makes, whether of a Ticket, a Membership, a Product or anything else. The Brand, and not the Company, bears the liability and the risk associated with every such transaction, including chargebacks, disputes, fraud and refunds.
The Brand must complete the Payment Gateway’s onboarding and verification requirements before it can receive the proceeds of any Sale. The Company does not control that process and is not a party to the Brand’s agreement with the Payment Gateway.
Except where clause 8.2 applies the proceeds of every Sale are held in the Brand’s Connected Account and are paid out in accordance with the payout settings and rules of the Payment Gateway, which by default require the Brand to initiate a withdrawal. The Company does not hold those proceeds, does not control payout timing, and is not liable in any way where the Payment Gateway delays, restricts, withholds, reverses or blocks a payout, or suspends or closes a Connected Account, for any reason.
Where a Brand elects to make Sales in a currency other than its home currency, the proceeds of those Sales are automatically converted into the Brand’s home currency at the time of sale. The conversion is performed by the Payment Gateway at its prevailing market rate, which the Company does not set or control.
The Company charges a currency conversion Fee in respect of each Sale made in a currency other than the Brand’s home currency, at the rate notified by the Company from time-to-time. That Fee is the Company’s own Fee. It is not a pass-through or reimbursement of any amount charged to the Company by the Payment Gateway or any other person, and it may exceed any such amount. It is borne by the Brand and deducted from the amount the Brand receives, and it is earned when the relevant sale is made and is not refundable under any circumstances.
A Brand cannot elect to receive or hold funds in a currency other than its home currency by default. A Brand that wishes to settle in another currency should contact the Company. Settlement in other currencies may be available in some cases but is not offered as a standard feature and is not guaranteed.
The Company deducts its Fees at the time of each transaction. Where a Fee cannot be deducted at that time, it becomes a debt due and payable by the Brand to the Company.

8.2 Legacy settlement arrangements

Some Brands settle the proceeds of their Sales through an arrangement under which the Company, and not the Brand, collects those proceeds and settles them to the Brand (a Legacy Settlement Arrangement). Under a Legacy Settlement Arrangement the proceeds of each Sale are received into an account held by the Company, the Company is shown as the merchant of record for that Sale, and the Company transfers the proceeds to the Brand. A Brand is on a Legacy Settlement Arrangement where the Company notifies the Brand that it is, or where the Company in fact collects and settles the proceeds of that Brand’s Sales. Clause 8.1 applies to such a Brand only to the extent it is consistent with this clause.
The Company may settle proceeds to the Brand at any time, including before the relevant Event has taken place. Settlement before an Event is a payment on account only. It does not mean the Company has assumed any risk or liability in respect of the Event, the Tickets sold for it, or any refund, chargeback or dispute relating to it.
The Brand remains solely liable for every refund, chargeback, dispute, reversal, fine, penalty and charge arising from or relating to a Sale made under a Legacy Settlement Arrangement, whether or not the Company has already settled the proceeds of that Sale to the Brand, and whether or not the Event has taken place. This applies without limitation where an Event is cancelled, postponed, relocated, cut short or does not occur as advertised.
Where the Company makes a refund, suffers a chargeback or reversal, or is charged any fee, fine or penalty by the Payment Gateway or a card scheme in connection with a Sale made under a Legacy Settlement Arrangement, that amount is a debt due and payable by the Brand to the Company on demand, and the Company may recover it under clause 8.7 and under the security interest granted in clause 8.8.
The Brand indemnifies the Company against all loss, cost, expense and liability the Company suffers or incurs arising from or relating to Sales made under a Legacy Settlement Arrangement, including refunds, chargebacks, reversals, scheme fines and the cost of responding to disputes and claims.
The Company may at any time and without notice withhold, delay, reduce, suspend or reverse the settlement of any proceeds; retain a reserve out of proceeds in an amount and for a period the Company reasonably considers necessary having regard to the level or expected level of refunds, chargebacks, complaints, allegations of fraud, or the risk profile of the Brand or its Events; apply any proceeds or reserve it holds to any amount the Brand owes the Company; and elect to settle proceeds only after the relevant Event has taken place.
The Company may transfer a Brand from a Legacy Settlement Arrangement to the arrangement described in clause 8.1 at any time by notice, and the Brand must complete the Payment Gateway’s onboarding and verification requirements when asked to do so. This clause continues to apply to every Sale made while the Brand was on a Legacy Settlement Arrangement.
A Legacy Settlement Arrangement is not available to a Brand except where the Company has agreed to it.
The Company being shown as the merchant of record for a Sale does not make the Company the organiser, promoter or host of any Event, or the supplier of any Ticket, Membership or Product. The contract for what is sold is between the Brand and the buyer, and the Brand remains solely responsible for supplying it and for every obligation it owes the buyer.

8.3 Refunds and cancelled Events

The Brand is solely responsible for its refund policy, for responding to refund requests, and for processing refunds. Refunds are processed by the Brand from its Brand dashboard and are settled through the Payment Gateway.
Where an Event is cancelled, postponed, relocated or does not occur as advertised, the Brand is solely responsible for making any refund due to Attendees and for communicating with them. The Company may assist the Brand on request, but does so as a matter of convenience only and accepts no liability whatsoever in doing so.
The Company is not liable to any Attendee, Brand or other person for any refund, for the amount of any refund, for the timing of any refund, or for a Brand’s failure or refusal to make a refund, under any circumstances. The Company supplies the software through which a Brand sells and refunds; it is not the supplier of any Ticket or Membership and is not a party to the contract between a Brand and an Attendee.
The Company may, but is not obliged to, refund an Attendee directly where the Company reasonably considers that a refund is required by law or that the Brand has failed to make a refund it should have made. Where the Company does so, the amount refunded is a debt due and payable by the Brand to the Company.

8.4 Memberships

A Brand may offer Memberships through the Platform. A Membership is a separate product from an Event and need not relate to an Event at all. A Membership may be free or paid, may be charged once or on a recurring basis, and may confer any benefit the Brand chooses, including automated benefits made available through the Platform such as discounted Tickets, and benefits the Brand provides itself outside the Platform. The Brand sets the price, the billing frequency, the benefits and the terms of each of its Memberships.
The Brand is solely responsible for providing every benefit it promises to a Member, whether that benefit is delivered through the Platform or outside it. The Company has no obligation to provide, procure, verify or honour any benefit, and gives no assurance to any Member that a benefit will be provided.
The Brand is responsible for ensuring that the way it offers, prices, renews and cancels its memberships complies with every law that applies to it and to its members, including any law governing automatic renewal, pre-contract disclosure, renewal reminders, cooling-off or withdrawal rights, and cancellation. The Company makes no representation that the Platform’s membership features, as configured by a Brand, meet the requirements of any particular jurisdiction.
A Member may cancel a recurring Membership at any time from the YourKind mobile application. On cancellation, the Membership continues until the end of the period already paid for and does not renew. The Company may action a cancellation request made to it directly by a Member. Refunds of Membership payments are processed by the Brand in the same way as refunds of Tickets, and the Brand is solely responsible for them.
The Company charges a Platform Fee in respect of every Membership sold through the Platform, and may charge further Fees referable to currency conversion or payment method. Those Fees are borne by the Brand and are deducted from the amount the Brand receives. They are earned when the relevant payment is taken and are not refundable under any circumstances.
If a Brand ceases to use the Platform, its Memberships cease to be administered through the Platform. The Brand remains solely responsible to its Members, including for any benefit promised and any refund due. The Company has no obligation to any Member of a Brand and no liability to any Member in any circumstances.

8.5 In-person payments

The Company may make features available that allow a Brand to accept payment in person, including by using a compatible mobile device as a contactless payment terminal. Those features are provided through the Payment Gateway and are subject to the Payment Gateway’s own requirements, including device, verification and eligibility requirements that the Company does not control.
A Brand may use an in-person payment feature to take payment for any lawful purpose. The Brand is solely responsible for ensuring that each payment it takes is lawful, that it is entitled to take it, that it accounts for any tax on it, and that it provides whatever the payer is entitled to receive in return.
Where a Brand takes a payment without issuing a Ticket, no Ticket, booking or entitlement is created, no record of the payer is captured, and the Company holds no information about the transaction other than its amount and the time it was taken. The Brand is solely responsible for any dispute arising from such a payment.
Fees apply to in-person payments as notified by the Company from time-to-time and may differ from the Fees applying to other transactions.

8.6 Products

The Company may make features available that allow a Brand to sell Products through the Platform, whether or not connected with an Event or a Membership. Where it does, every clause of these Terms of Service applying to a Sale applies to the sale of a Product, and the Brand is the merchant of record for it.
The Brand is solely responsible for every Product it sells, including its description, its fitness for purpose, its delivery or fulfilment, any warranty or guarantee attaching to it, any tax on it, and any refund or remedy the buyer is entitled to. The Company does not supply, hold, inspect, deliver or fulfil any Product.
Where a Product is offered through the Marketplace, the Marketplace Terms and the Purchase Order Terms apply in addition to these Terms of Service.

8.7 Recovery of amounts owed

Where a Brand owes any amount to the Company, whether as an unpaid Fee, a refund made by the Company, a chargeback, a fine or charge imposed by the Payment Gateway or a card scheme, or otherwise, the Company may recover that amount by any one or more of the following means, without notice:
1. charging any payment method the Brand has on file with the Company;
2. deducting it from any amount the Company collects or holds for the Brand, including the proceeds of future Sales, whether relating to the same Event, Membership or Product or any other;
3. setting it off against the value of any Credits, prepaid Subscription or account balance held by the Brand;
4. increasing the Fees applying to the Brand’s future transactions until the amount is recovered; and
5. recovering it as a debt due and payable.
Where a Brand also holds another account with the Company, or where a Brand is controlled by, controls, or is under common control with another Brand, the Company may exercise the rights in this clause against any of those accounts.
Interest accrues on any amount not paid when due at the rate of 1% per month, compounding monthly, from the due date until payment. The Brand must also pay the Company’s reasonable costs of recovery, including collection agency and legal costs.
The Company may pursue recovery of any amount owed to it through court proceedings, and the dispute resolution clause of these Terms of Service does not apply to any such proceedings.

8.8 Security interest

The Brand grants the Company a security interest in all of the Brand’s present and after-acquired property to secure the payment of any amount the Brand owes the Company under these Terms of Service. This security interest is created as a charge over that property.
The Company may register that security interest on the Personal Property Securities Register, and the Brand must do anything the Company reasonably requires to enable it to do so. The Brand waives its right to receive any notice under the Personal Property Securities Act 2009 (Cth), including any verification statement, unless that right cannot be excluded by law.
To the extent permitted by law, the Brand agrees that sections 95, 96, 117, 118, 120, 121(4), 123, 125, 126, 128, 129, 130, 132(3)(d), 132(4), 134(1), 135, 142 and 143 of, and Division 6 of Part 4.3 of, the Personal Property Securities Act 2009 (Cth) do not apply to the security interest created by this clause.

9 Brands, marketing and audience data

9.1 Creating and operating a Brand

Any User may create a Brand. The User who creates a Brand is the Brand Owner and is responsible for that Brand’s compliance with these Terms of Service. No separate agreement is required to create a Brand.
The Brand Owner may appoint Admins. The Brand is responsible for the acts and omissions of its Brand Owner, its Admins and anyone else it gives access to its account, as if they were its own.
A Brand Owner may invite other people to act for the Brand, including as Admins, scanning or door staff, or in any other role the Platform makes available, and may set the level of access each of them has. The Brand Owner is responsible for deciding who to invite, for the level of access given, and for removing access when it is no longer required.
The Company does not verify, vet, screen or supervise any person a Brand Owner invites. The Company is not liable in any way for any act or omission of any such person, including any misuse of the Platform, any unauthorised access to or disclosure of information, any theft or fraud, any error in issuing, scanning, refunding or cancelling a Ticket, or any conduct at an Event. As between the Company and the Brand, the Brand bears that responsibility in full and indemnifies the Company against it.
Anything done through a Brand’s account is treated as having been done by the Brand and with its authority, whether or not the Brand actually authorised it.

9.2 Collaborations between Brands

Two or more Brands may collaborate on an Event. Where they do, the information described in the Privacy Policy about each Attendee of that Event is provided to every collaborating Brand and is added to each of their records. Each collaborating Brand holds its own separate copy of that information, determines independently how it uses it, and keeps it if the collaboration ends, if the Event does not proceed, or if that Brand ceases to use the Platform. The disclosure shown to Attendees at the point of purchase identifies each collaborating Brand.
For the avoidance of doubt, the consent an Attendee gives when buying a Ticket to a collaborative Event extends to each collaborating Brand identified at that time, and to no other Brand. Nothing in this clause permits a Brand to use information about an Attendee obtained through a collaboration for any Event or purpose that Attendee did not consent to, and the restriction on transferring consent in the Acceptable Use Policy continues to apply.
Each collaborating Brand remains responsible for its own compliance with these Terms of Service, the Acceptable Use Policy and privacy law. The Company is not responsible for any arrangement, dispute or apportionment of revenue between collaborating Brands.

9.3 Reviews

The Company may invite Attendees to review an Event after it has taken place and may make those reviews available to the relevant Brand. Reviews are the opinions of the Attendees who write them. The Company does not verify them, does not endorse them, and is not liable for their content.
A Brand may use reviews of its own Events in its own marketing, provided it does not alter their substance and does not attribute a review to an identifiable individual without that person’s consent. The Company may use reviews in aggregated or anonymised form as described in these Terms of Service.

9.4 Embedded and branded pages

The Company may allow a Brand to embed Event pages or checkout on the Brand’s own website and to apply its own branding to pages hosted on the Platform. The Company grants the Brand a non-exclusive, revocable licence to do so for as long as it holds an active account, solely for the purpose of selling its own Events.
The Brand is responsible for its own website, including its security, its content and its compliance with law. On termination, the licence in this clause ends and the Brand must remove any embedded Platform content from its website.
The Brand warrants that it holds all licences, permits, registrations and approvals required to run its Events and to sell Tickets to them, and that its Events and its Ticket sales comply with all applicable law.

9.5 Marketing

A Brand may use the Platform to send marketing messages to its audience by email, SMS and other channels the Company makes available. All such use is subject to the Acceptable Use Policy.
The Brand is solely responsible for obtaining and being able to evidence valid consent from every recipient of a marketing message it sends, and for complying with every law that applies to that message. The Company provides the tools; the Brand chooses the audience, the content and the timing.
The Brand indemnifies the Company against all loss, damage, cost, expense, fine, penalty and liability the Company suffers or incurs arising out of or in connection with any message the Brand sends through the Platform, including any action or penalty imposed by a regulator, and any charge, penalty or suspension imposed by a message delivery provider or mobile carrier.

9.6 Audience data

The Company determines what information is collected through the Platform. A Brand may add its own questions to its checkout, but may not otherwise alter the information collected.
The Company and each Brand each hold their own records of Attendee Personal Information and each determine independently how those records are used, as described in the Privacy Policy. A Brand may access information about Attendees’ dealings with that Brand only.
The Brand is responsible for complying with privacy law in relation to its own records, including responding to requests from individuals to access, correct or delete information the Brand holds about them.
The Company may collect and analyse information about a Brand’s use of and performance on the Platform, including the Events it runs, the Tickets and memberships it sells, the revenue it generates, the campaigns it sends and how they perform, and how its audience grows and behaves. The Company may use that information to operate, secure and improve the Platform, to provide the Brand with reporting and insights, and to promote its own products and services.
The Company may create aggregated, statistical and de-identified information from information described in this clause and from Personal Information it holds. Once information has been aggregated or de-identified so that it no longer identifies any individual or Brand, the Company may use, retain and disclose it for any purpose, including to develop and improve its products, to produce insights, benchmarks and industry reports, and to publish and promote results in its own marketing, case studies and public reporting. The Company will not identify a Brand in any published or promotional material without that Brand’s permission.
This clause survives termination of these Terms of Service.

10 User Content

The User acknowledges and agrees that:

User Content is the sole responsibility of the User that uploaded the User Content to the Platform;
By uploading User Content to the Platform the User warrants to the Company that it is true and accurate;
By uploading the personal information of a third party to the Platform, the User warrants to the Company that they have this third party’s consent to do so;
By sharing hyperlinks, the User warrants that the linked content is safe and legitimate and does not pose any security risks on the User who opens it (such as harmful third-party websites or viruses) and indemnifies the Company for any damage, loss or harm caused from those hyperlinks the User makes available on the Platform;
The User indemnifies the Company for any User Content that is fake, illegal, pornographic, offensive, discriminatory, defamatory, rude, indecent or objectionable that the User makes available using the Platform;
Without limiting the Company’s rights, the Company may remove or suspend accessibility to User Content via the Platform that the Company determines is fake, illegal, pornographic, offensive, discriminatory, rude, indecent or objectionable in its sole discretion;
To the extent permitted by law, under no circumstances will the Company be liable in any way for User Content and the User is responsible for the accuracy, quality and legality of any data uploaded to the Platform;
The Platform may enable the User to create User Content, but by doing so the User shall not acquire an interest to any Intellectual Property owned by the Company which may exist in the Platform; and
The User warrants that it has all necessary Intellectual Property rights to use User Content and shall indemnify the Company for any infringement the User commits of third-party Intellectual Property rights by using User Content on the Platform.

11 General conditions

11.1 Licence

By accepting the terms and conditions of these Terms of Service, the User is granted a limited, non-exclusive and revocable licence to access and use the Platform for the duration of these Terms of Service, in accordance with these Terms of Service.
The Company may issue the licence to the User on the further terms or limitations as it sees fit.
The Company may revoke or suspend the User’s licence(s) in its absolute discretion for any reason that it sees fit, including for breach of these Terms of Service by the User.

11.2 Modification of Terms

The Company may, in its sole discretion, modify or update these Terms of Service from time-to-time.
Where changes are made to these Terms of Service, the Company will insert a ‘last modified’ date at the top of these Terms of Service to indicate the effective date of the updates.
The User should review this page periodically for notice of any changes to these Terms of Service.
The Company may notify the User of a change to these Terms of Service, such as material changes that affect the User’s rights.
When the Company changes these Terms of Service in a material manner, it will update the ‘last modified’ date at the top of these Terms of Service and notify the User that material changes have been made to these Terms.
The modified terms shall come into effect the next time the User accesses the Platform following the update to the Terms of Service.
If the User does not accept any changes to the terms of these Terms of Service, the User may terminate these Terms of Service and must immediately cease using the Platform.
These Terms of Service are effective from 1 July 2024 and were last updated on 1 July 2026.

11.3 Software-as-a-Service

The User agrees and accepts that the Platform is:
1. Hosted on servers managed by the Company, or by third-party service providers and systems approved by the Company, and shall only be accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and
2. Managed and supported by the Company and other third-party service providers engaged by the Company from time-to-time from the servers, and that no ‘back-end’ access to the Platform is available to the User unless expressly agreed in writing.
As a hosted and managed service, the Company reserves the right to upgrade, maintain, tune, backup, amend, add or remove features, redesign, improve or otherwise alter the Platform.

11.4 Support

The Company provides user support for the Platform via the email address support@yourkind.io.
The Company reserves the right to require the payment of reasonable fees for non-standard support requests prior to the provision of such support.

11.5 Use & Availability

The User is solely responsible for the security of their mobile device for obtaining access to their Account. The User shall notify the Company as soon as they become aware of any unauthorised access of their Account and the Company cannot be held liable for such in any way.
The User agrees that the Company shall provide access to the Platform to the best of its abilities, however:
1. access to the Platform may be prevented or affected by issues both within and outside of the Company’s control;
2. the Company accepts no responsibility for ongoing access to the Platform and does not warrant that access will be uninterrupted, timely, secure or error free;
3. the Company is not liable for any loss arising from the Platform being unavailable, interrupted, slow or degraded, or from any error, defect or failure in the Platform, whatever the cause, including where this occurs during an on-sale, at the time Tickets are released, at the entry point of an Event or at any other time of peak demand; and
4. the Company may suspend access to the Platform, in whole or in part, to carry out maintenance, to make changes, or to protect the security or integrity of the Platform.

11.6 Privacy & Personal Information

The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for Personal Information that it collects about the User.
The Privacy Policy does not apply to how the User handles Personal Information. If necessary under the Privacy Act, it is the User’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.
The Platform may use cookies (a small electronic tracking code) to improve a User’s experience while browsing, while also sending browsing information back to the Company. The User may manage how it handles cookies in its own browser settings.
The User acknowledges and accepts:
1. The Company collects Personal Information of Users as part of creating an Account and/or profile;
2. Information about a User may be shown to other Users as described in the Privacy Policy, including on attendee lists;
3. Under no circumstances will the Company be responsible to the User for another User’s use of Personal Information; and
4. All Personal Information input into the Platform by a User is provided with that User’s consent.

11.7 Analytics

The Company may use information and data collected via the Platform, which may include User Content, for promotional, research, developmental, statistical and analytical purposes, subject to and in accordance with the Privacy Policy.

11.8 Security

The Company takes the security of the Platform and the privacy of its Users very seriously. The User agrees that the User shall not do anything to prejudice the security or privacy of the Company’s systems or the information on them.

11.9 Intellectual Property

Trade marks. The Company has moral and registered rights in its trade marks and the User shall not copy, alter, use or otherwise deal in the marks without the prior written consent of the Company.
Proprietary Information. The Company may use software and other proprietary systems and Intellectual Property for which the Company has appropriate authority to use, and the User agrees that such is protected by copyright, trademarks, patents, proprietary rights and other laws, both domestically and internationally. The User warrants that it shall not infringe on any third-party rights through the use of the Platform.
The Platform. The User agrees and accepts that the Platform is the Intellectual Property of the Company and the User further warrants that by using the Platform the User will not:
1. Copy the Platform or the services that it provides for the User’s own commercial purposes; and
2. Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in the Platform or any documentation associated with it.
Feedback. Where a User provides the Company with any suggestion, idea, enhancement request, feature request, recommendation or other feedback about the Platform, the Company may use it for any purpose without restriction, obligation or payment to the User, and all Intellectual Property in anything the Company creates using it belongs to the Company. This clause does not affect the User’s ownership of its User Content.

11.10 Third Party Dependencies

The User agrees and acknowledges that the Platform has third party dependencies which may affect its availability, including (without limitation) internet service providers and hosting services, and that the Company has no means of controlling the availability of such dependencies and shall not be liable for any interruptions to such.

11.11 Confidentiality

Each party acknowledges and agrees that:
1. the Confidential Information is secret, confidential and valuable to the disclosing party (Discloser);
2. it owes an obligation of confidence to the Discloser concerning the Confidential Information;
3. it must not disclose the Confidential Information to a third party except as permitted in these Terms of Service;
4. all Intellectual Property rights remain vested in the Discloser, but disclosure of Confidential Information does not in any way transfer or assign any rights or interests in the Intellectual Property to the receiving party; and
5. any breach or threatened breach by the receiving party of an obligation under these Terms of Service may cause the Discloser immediate and irreparable harm for which damages alone may not be an adequate remedy. Consequently, the Discloser has the right, in addition to other remedies available at law or in equity, to seek injunctive relief against the receiving party (and its agents, assigns, employees, officers and directors, personally) or to compel specific performance of this clause.
A party must notify the Discloser in writing, giving full details known to it immediately, when it becomes aware of:
1. any actual, suspected, likely or threatened breach by it of any obligations it has in relation to the Confidential Information;
2. any actual, suspected, likely or threatened breach by any person of any obligation in relation to the Confidential Information; or
3. any actual, suspected, likely or threatened theft, loss, damage, or unauthorized access, use or disclosure of or to any Confidential Information.
The receiving party must promptly take all steps that the Discloser may reasonably require and must co-operate with any investigation, litigation or other action of the Discloser or of a related body corporate if there is:
1. any actual, suspected, likely or threatened breach of a term of these Terms of Service; or
2. any theft, loss, damage or unauthorized access, use or disclosure of or to any Confidential Information that is or was in its possession or control.

11.12 Liability & Indemnity

The User agrees that it uses the Platform at its own risk.
The Company makes no representation or guarantee that the User will gain a particular benefit from using the Platform.
The User acknowledges that the Company is not responsible for the conduct or activities of any User and that the Company is not liable for such under any circumstances.
The User agrees to indemnify the Company for any loss, damage, cost or expense that the Company may suffer or incur as a result of or in connection with the User’s use of or conduct in connection with the Platform, including any breach by the User of these Terms of Service. This indemnity is not limited by any other clause of these Terms of Service.
In no circumstances will the Company be liable for any direct, incidental, consequential or indirect damages, damage to property, injury, illness, loss of property, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from the User’s access to, or use of, or inability to use the Platform, whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not the Company knew or should have known of the possibility of such damage, injury, illness or business interruption of any type, whether in tort, contract or otherwise.
Certain rights and remedies may be available under the Competition and Consumer Act 2010 (Cth) or similar legislation of other States or Territories and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, the Company and the Company’s related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, the Company’s liability for breach of any implied warranty or condition that cannot be excluded is restricted, at the Company’s option to:
1. The re-supply of services or payment of the cost of re-supply of services; or
2. The replacement or repair of goods or payment of the cost of replacement or repair.
Subject to the clause above, and to the extent permitted by law, the Company’s total liability to a User arising out of or in connection with these Terms of Service, whether in contract, tort, equity, under statute or otherwise, is limited in aggregate to the greater of (i) the total Subscription Fees paid by that User to the Company in the twelve months immediately preceding the event giving rise to the liability, and (ii) AUD $100.
Nothing in these Terms of Service excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by law which cannot lawfully be excluded, restricted or modified.

11.13 Termination

A User may terminate these Terms of Service at any time by cancelling their Account. The Company may terminate these Terms of Service, or suspend or terminate a User’s Account or a Brand, immediately and without notice, where the Company reasonably considers it appropriate to do so, including where the User breaches these Terms of Service or the Acceptable Use Policy, where the Company considers there is a risk of harm or loss to any person, to any other User or to the Company, where a Payment Gateway or card scheme requires or recommends it, or where the Company is required to do so by law.
The Company may exercise its rights under this clause at any time, including where the Brand has Events on sale, unsold Tickets, Tickets already sold, an Event about to take place, or active Memberships. The Company is not liable to the Brand, to any Attendee or to any other person for any loss arising from the exercise of those rights, including loss of sales, loss of profits, the cancellation, postponement or non-occurrence of any Event, any refund the Brand becomes liable to make, any cost of moving to another provider, or any damage to reputation. Where the Company suspends or terminates a Brand, it may but need not notify Attendees, and the Brand remains responsible for its Events, its Attendees and any refunds.
On termination, the User’s access to the Platform ceases, all Fees then outstanding become immediately due and payable, and no refund of any Fee is payable.
The Company is not obliged to provide, export, restore or retain any data after termination, other than as required by law or as described in the Privacy Policy. Where the Company makes an export or download feature available, its availability and use are at the Company’s discretion and subject to any conditions the Company imposes.
The clauses of these Terms of Service concerning Fees, recovery of amounts owed, the security interest, indemnities, limitation of liability, Intellectual Property, confidentiality and audience data survive termination.
Termination of these Terms of Service is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of these Terms of Service up to the date of expiry or termination.

11.14 Dispute Resolution

If any dispute arises between the parties in connection with these Terms of Service (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:
1. Includes or is accompanied by full and detailed particulars of the Dispute; and
2. Is delivered within 30 Business Days of the circumstances giving rise to the Dispute first occurring.
Within 30 Business Days after a Dispute Notice is given, a representative of each party with the authority to resolve the dispute, must meet (virtually or otherwise) and seek to resolve the Dispute.
Subject to clause 11.14(d), a party must not bring court proceedings in respect of any Dispute unless it first complies with the requirements of the dispute resolution mechanism outlined in this clause.
Nothing in this clause prevents either party from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief in respect of a Dispute.
Despite the existence of a Dispute, the parties must continue to perform their respective obligations under this document and any related agreements.

11.15 Electronic Communication, Amendment & Assignment

The Company will send the User notices and other correspondence to the details that the User submits to the Company, or that the User notifies the Company of from time-to-time. It is the User’s responsibility to update its contact details as they change.
A consent, notice or communication under these Terms of Service is effective if it is sent as an electronic communication unless required to be physically delivered under law.
Notices must be sent to the parties’ most recent known contact details.
The User may not assign or otherwise create an interest in these Terms of Service.
The Company may assign or otherwise create an interest in its rights under these Terms of Service by giving written notice to the User.

11.16 General

Special Conditions. The parties may agree to any Special Conditions to these Terms of Service in writing.
Prevalence. To the extent these Terms of Service are in conflict with, or inconsistent with any Special Conditions made under these Terms of Service, the terms of those Special Conditions shall prevail.
Disclaimer. Each party acknowledges that it has not relied on any representation, warranty or statement made by any other party, other than as set out in these Terms of Service.
Relationship. The relationship of the parties to these Terms of Service does not form a joint venture, agency or partnership, except as expressly provided in these Terms of Service or the Ticket Sale Terms.
Waiver. No clause of these Terms of Service will be deemed waived and no breach excused unless such waiver or consent is provided in writing.
Further Assurances. Each party must do anything necessary (including executing agreements and documents) to give full effect to these Terms of Service and the transaction facilitated by it.
Governing Law. These Terms of Service are governed by the laws of New South Wales, Australia. Each of the parties hereby submits to the non-exclusive jurisdiction of courts with jurisdiction there.
Severability. Any clause of these Terms of Service, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of these Terms of Service.
Interpretation. The following rules apply unless the context requires otherwise:
1. Headings are only for convenience and do not affect interpretation.
2. The singular includes the plural and the opposite also applies.
3. If a word or phrase is defined, any other grammatical form of that word or phrase has a corresponding meaning.
4. A reference to a clause refers to clauses in these Terms of Service.
5. A reference to legislation is to that legislation as amended, reenacted or replaced, and includes any subordinate legislation issued under it.
6. Mentioning anything after includes, including, or similar expressions, does not limit anything else that might be included.
7. A reference to a party to these Terms of Service or another agreement or document includes that party’s successors and permitted substitutes and assigns (and, where applicable, the party’s legal personal representatives).
8. A reference to a person, corporation, trust, partnership, unincorporated body or other entity includes any of them.
9. A reference to information is to information of any kind in any form or medium, whether formal or informal, written or unwritten, for example, computer software or programs, concepts, data, drawings, ideas, knowledge, procedures, source codes or object codes, technology or trade secrets.

End Terms of Service.