These Terms and Conditions apply to Venue Users (e.g. staff members at a venue) or Guest Users (e.g. you have a booking with a venue). For terms applying to Venuelife subscribers please read our Venue Terms and Conditions.

Invited User Terms and Conditions

TERMS AND CONDITIONS
1. In these Terms and Conditions, “we”, “us” or “our” means Venuelife Systems Pty Ltd ACN 604 167 991. Any reference to the “Parties” means us and you, and a reference to a “Party” means one of us or you.
2. Please read these Terms and Conditions carefully as they apply to your use of the Services. By accessing or using the Services, you agree to be bound by these Terms and Conditions.
3. We may revise these Terms and Conditions from time to time and we will provide you with at least thirty (30) days notice prior to any changes becoming effective, except where such changes are required to ensure our compliance with laws. Such notice will be sent to your registered email address.
4. Our Privacy Policy and Website Terms and Conditions (https://venuelife.com/website-terms) are incorporated into these Terms and Conditions and may be updated by us from time to time. Where we update our Privacy Policy or Website Terms and Conditions, we will provide you with at least fourteen (14) days notice prior to any such changes becoming effective, except where such changes are required to ensure our compliance with laws.
5. By continuing to use the Services after the expiry of the notice periods outlined in clauses 1.3 and 1.4, you agree to any amendments to these Terms and Conditions, Privacy Policy and/or Website Terms and Conditions (as applicable). If you do not wish to agree to any amendments to these Terms and Conditions, Privacy Policy and/or Website Terms and Conditions (as applicable), you may terminate your Account in accordance with clause 3.1.
6. Capitalised terms used in these Terms and Conditions are defined in clause 10.
SERVICES
1. Account
  1. To proceed to use the Services, you must be (and you warrant, represent and undertake that you are) an Invited User of the Subscriber who has given you access to and use of the Services. If you are not such an Invited User, you have no right to use the Services and should not proceed past this point.
  2. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the business purposes of the Subscriber in accordance with these Terms and Conditions.
  3. The term of these Terms and Conditions commences on the date that these Terms and Conditions are accepted by you and ends upon termination of your Account in accordance with these Terms and Conditions.
  4. The Services are only permitted for use in the Specified Countries.
  5. In order to access the Services, you must have an Account. You must ensure your User Information and other details remain up to date in your Account and you must notify us of any change to your User Information or other details as originally supplied. You must promptly comply with all requests for documentation and information we make relating to your use of the Services.
  6. You must keep your User Information confidential and private, and not disclose it to, or share it with, any other person. If you have lost or forgotten your User Information, or you have reason to suspect any unauthorised use of it, you must immediately reset it on the 'login' page.
  7. You acknowledge and agree that we are entitled to treat the actions of any person who accesses and uses the Services using your User Information or Account as being authorised by you. We are not liable for any loss or damage which you incur in connection with any failure by you to use a complex password or to utilise any security feature of the Services (such as multi-factor authentication or account change alerts).
  8. If you believe the Services contain elements that are objectionable, or infringe copyright or any other rights, please contact us at the contact details below, and provide a detailed description of why it is objectionable or infringing.
2. Your obligations
  1. You warrant that all information provided to us, including your Data, is true, accurate and complete.
  2. You acknowledge and agree that:
    1. you are authorised to use the Services;
    2. you are authorised to access and use any information or data, including Personal Information, that you provide to us to enable us to provide the Services (Data);
    3. all User Information required to access the Services is kept secure and confidential; and
    4. if there is any unauthorised use of your User Information or any other breach of security, you must immediately notify us of such activity.
  3. In using the Services, you must not:
    1. provide us with inaccurate or incomplete information;
    2. impersonate any person or entity;
    3. violate any applicable laws, use the Services for any purpose that is unlawful or access the Services in any manner which is illegal or prohibited by laws which apply to you;
    4. distribute viruses, spyware, malware, corrupted files, traps, time bombs, disabling code or any other similar software or programs that may damage the operation of the Services, any network, computer hardware or other software;
    5. collect or store data about other users of the Services;
    6. send spam or unsolicited messages or other communications;
    7. breach, interfere or attempt to interfere with any requirements, procedures, policies, or regulations of any mobile industry association, regulator or any communications network services provider; or
    8. engage in any other conduct that is improper or bring us or the Services into disrepute.
  4. We have no responsibility to any person or entity other than you and nothing in these Terms and Conditions confers, or purports to confer, a benefit on any person or entity other than you.
  5. If you use the Services on behalf of or for the benefit of anyone other than yourself, you agree that:
    1. you are responsible for ensuring that you have the right to do so;
    2. we do not warrant the fitness for purpose or suitability of the Services for such third party's purposes and third parties may not rely on us for any purpose; and
    3. you will indemnify us on first demand, against any and all claims, expenses, liabilities or losses arising out of or in connection with our refusal to provide any persons with access to your Data in accordance with these Terms and us making your Data available to any person with authorisation from you or as required by applicable law.
  6. You must ensure that your use of the Services and the storage of and access to your Data via the Services complies with laws which are applicable to you, including any laws requiring you to retain records of your Data.
  7. You must have your own safeguards and back up processes in place to recover from any failures or loss of your Data which might occur whilst using the Services and protecting the confidentiality of your Data with suitable management procedures, as you may see fit.
3. Prohibited use
  1. You must not and must not allow or permit any other person to:
    1. circumvent or disable or attempt to circumvent or disable the Services or any technology features or measures in the Services by any means or in any manner;
    2. modify, copy, adapt or reproduce any component of the Services, or attempt to do the same;
    3. decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Services or the Software;
    4. distribute, encumber, sell, rent, lease, sub-license, or otherwise transfer, publish or disclose the Services to any third party;
    5. remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Services or used in connection with the Services;
    6. use the Services in any manner to aid in the violation of any third party Intellectual Property Rights, including but not limited to another's copyrights, trade secrets, and patents;
    7. take any action that interferes, in any manner, with our rights with respect to the Services, Software or Site;
    8. undermine or attempt to undermine the security or integrity of our computing systems or where the Service is hosted by a third party, that third party's computing systems and networks;
    9. use, or misuse, the Services in any way which may impair the functionality of the Services, or other systems used to deliver the Services or impair the ability of any other user to use the Services;
    10. attempt to gain unauthorised access to any materials other than those to which you have been given express permission to access or to the computer system used to deliver the Services; and
    11. transmit, or input into the Services, any files that may damage any other person's computing devices or software, content that may be offensive, or material or your Data in violation of any law (including any content protected by copyright or trade secrets which you do not have the right to use).
4. Your Data
  1. All title to, ownership of and Intellectual Property Rights in your Data remain your property, except to the extent that any of your Data is Aggregated Data.
  2. Subject to clause 4 and our Privacy Policy in relation to Personal Information contained in your Data, you:
    1. grant us a non-exclusive, worldwide, royalty-free, perpetual licence (including a right of sub-licence) to use, copy, transmit, adapt, publish, display, modify, store, back-up and otherwise do and authorise the doing of all acts in relation to your Data for the purpose of providing the Services, operating our business and for any other purposes as reasonably required for us to perform our obligations under these Terms and Conditions; and
    2. warrant that you have the right to grant such licence.
  3. You must not provide Data that:
    1. infringes the Intellectual Property Rights or other rights of another person;
    2. is defamatory, offensive, abusive, pornographic, profane or otherwise unlawful, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
    3. creates a privacy or security risk to any person, including by soliciting personal information from any person;
    4. solicits money from any person;
    5. is false, misleading or deceptive;
    6. contains financial, legal, medical or other professional advice;
    7. would harm, abuse, harass, stalk, threaten or otherwise offend;
    8. would reflect negatively on us, including our goodwill, name and reputation;
    9. tampers with, hinders the operation of, or makes unauthorised modifications to the Site and associated applications; or
    10. relates to unlawful conduct, would breach any applicable laws, or would otherwise result in civil or criminal liability for you, us or any third party.
  4. We may review your Data from time to time and may, without prior notice to you, modify or remove any of your Data that we reasonably believe violates these Terms and Conditions. After any such Data is modified or removed, we will notify you that the Data has been modified or removed, with such notice providing reasons for our decision.
  5. We may collect aggregated de-identified information and Data from your use of the Services, including settings used by you and customer behaviour for research purposes including statistical analysis of aggregate customer behaviour (Aggregated Data). You acknowledge that we own all right, title and interest in the Aggregated Data, and we may use and commercialise any Aggregated Data as we see fit, including by disclosing Aggregated Data to third parties. We agree not to take any steps (whether through data analytics or otherwise) which will deliberately cause any Aggregated Data to be reidentified or become Personal Information.
  6. You acknowledge and agree that we may disclose your Data, including any Personal Information, to our Related Bodies Corporate, officers, advisers and other relevant third parties for the sole purpose of providing the Services and as reasonably required for us to perform our obligations under these Terms and Conditions, and to any court or Governmental Agency to the extent required by applicable law.
5. Accuracy of information
  1. All Services are provided in good faith. We derive our information from sources which we believe to be accurate and up-to-date. We nevertheless, to the extent permitted by applicable law:
    1. do not guarantee the information contained within the Services is reliable, accurate, up-to-date or complete, or that your access to that information will be uninterrupted, timely or secure;
    2. do not give you any assurances that any information contained in the Services will meet your requirements or be suitable for your purposes;
    3. reserve the right to update any information contained in the Services at any time; and
    4. do not accept responsibility for loss suffered as a result of your reliance on the accuracy of information contained in the Services.
  2. Some of the information in our Services may be provided by third parties, including Venues (“Third Party Data”). While we believe that these third parties are reliable sources of this information, we cannot guarantee that this information is always accurate, up-to-date or complete.
  3. The material provided and views expressed by other users of the Services are the materials of those users and are not ours.
6. Availability
  1. We endeavour to ensure that access to the Services is available 24 hours a day, 7 days a week. However, it is possible that, from time to time, the Services may be unavailable due to maintenance or other development activity. This may include but is not limited to network or equipment capacity, connection availability, scheduled or unscheduled downtime for maintenance or development purposes, interruptions which generally affect the internet, or other reasons which may impact access to the Services. If interruptions or errors occur due to circumstances within our control, we will try to resolve them in a timely way in order to restore your access to the Services.
  2. Where any downtime due to maintenance or development activities is planned in advance, we will provide you with at least seven (7) days notice prior to commencing any maintenance or development activity that may impact your ability to use the Services. We will provide you with as much advance notice as reasonably possible of any unplanned emergency maintenance which may lead to downtime, including to address security issues, or to install important patches or fixes to prevent data loss or fix material user reported issues.
7. Updates
  1. From time to time, we may update the Services or any component of the Services. Where updates are planned in advance, we will provide you with reasonable notice, and at a minimum three (3) days notice, of such updates and any expected downtime as a result of such updates. We will provide you with as much advance notice as reasonably possible of any unplanned emergency updates which may lead to downtime.
  2. While we use our best endeavours to ensure that updates do not impact the operation of the Services, updates may compromise the performance of the Services and may, in some circumstances, result in degradation or corruption of your Data. Should any updates materially compromise the performance of the Services or materially degrade or corrupt your Data, you may terminate your Account in accordance with clause 3.1.
8. Support
  1. If you experience any technical problems, please contact the Venue who administers your account for technical support. The Venue is responsible for contacting us in relation to any technical problems you experience relating to the Services.
  2. We may suspend or terminate your Account, either temporarily or permanently, with immediate effect by providing notice to you, if the Venue advises us that you are abusive or act improperly towards the Venue or any of its staff in relation to your use of the Services. Your Account may be reinstated upon rectification of any abusive or improper behaviour.
  3. We may also temporarily limit or suspend access to the Services, with immediate effect, where it is reasonably necessary (including for security, maintenance or public safety reasons, or if there are interoperability, data protection or other operational or technical reasons), and where practicable, we will notify you in advance. We will reinstate your access to the Services as soon as reasonably possible after the circumstances giving rise to the suspension have been rectified.
TERMINATION
1. Your Account and access to the Services may be terminated at any time by the Subscriber. If you are a Guest User, you can terminate your Account and access to the Services in your sole discretion for convenience at any time (including in accordance with clauses 1.5 and 2.7(b)). If you are a Venue User, you may only terminate your Account and access to the Services with the Subscriber's consent. To terminate your Account, you must provide us with notice via the email address provided below.
2. It is your responsibility to retrieve all necessary data from your Account prior to termination.
3. We may terminate your Account and access to the Services:
  1. immediately, if you breach these Terms and Conditions and the breach is not capable of being remedied;
  2. if you breach these Terms and Conditions and you do not remedy the breach within fourteen (14) days of receiving a breach notice, if the breach is capable of being remedied;
  3. immediately, if we have reasonable grounds to believe that you are compromising or attempting to compromise the Software, Site or the infrastructure providing the Services; or
  4. immediately, upon a Force Majeure Event, where the Force Majeure Event compromises our ability to provide you with the Services for a period of at least fourteen (14) days.
4. Where your Account is terminated under clauses 3.1 or 3.3(d), you may reopen your Account and reaccess the Services, provided that the Subscriber still holds a Subscription with us and allows you to reopen your Account.
5. Without limiting any other provision in these Terms and Conditions (including our rights to terminate your Account), following the termination of your Account, we will retain your Data for at least sixty (60) days after the effective date of such termination. Where you wish to access the Services to extract your Data, please contact the Subscriber responsible for your Account who may extract the Data on your behalf. However, due to the nature of the Services, we will not be able to extract your Data for you or otherwise provide you with any other means to extract your Data.
6. On termination of your Account, we may retain your Data or information to the extent required or permitted by law.
PRIVACY AND SECURITY
1. In using the Services, you will be required to provide Personal Information to us. The manner in which we deal with your Personal Information, and all other confidential information, is set out in our privacy policy, which can be found at https://venuelife.com/privacy-policy (Privacy Policy).
2. By using the Services, you:
  1. agree to comply with the Privacy Laws applicable to your use of the Services;
  2. agree that you remain responsible for any Personal Information you provide to us;
  3. must ensure that you have made any disclosures or obtained any consents necessary under the Privacy Laws applicable to your use of the Services in accordance with these Terms and Conditions; and
  4. grant us consent to collect, store, use and disclose such Personal Information in accordance with the Privacy Laws, any other applicable laws, and our Privacy Policy.
3. By accepting these Terms and Conditions, you will be taken to have read and accepted the terms of the Privacy Policy.
4. Subject to these Terms and Conditions, we will:
  1. store any Personal Information you provide to us in Australia and ensure that User Information and Data is kept secure and confidential through various methods and protocols including, but not limited to, SSL certification and multi-factor authentication; and
  2. establish and maintain appropriate, reasonable technical and organisational security measures in accordance with good industry practice to keep such Personal Information secure.
5. We maintain security systems for the transmission of information and payment details, consisting of encryption and "firewall" technologies that are understood in the industry to provide adequate security for the transmission of such information over the internet. However, we do not guarantee the security of these services and we will not be responsible in the event of any infiltration of its security systems, provided that we have used commercially reasonable efforts to prevent any such infiltration. You acknowledge and agree that you, and not us, are responsible for the security of transmission of your Data or any other information stored on your servers, and that we are not responsible for any third party servers.
INTELLECTUAL PROPERTY
1. Title to, ownership of and all Intellectual Property Rights in the Services, Software, Site, any documentation relating to the Services, and any changes or features made to the Services, Software or Site upon your recommendation and/or request is retained by us and our successors and permitted assigns. Your right to use such Intellectual Property Rights is subject to these Terms and Conditions.
2. Title to, ownership of and Intellectual Property Rights in and to any content displayed via the Services, in the Software or on the Site, or accessed through the Services, Software or Site, is our property, except to the extent that such content is your Data, and may be protected by applicable copyright or other law. These Terms and Conditions give you no rights to such content, except your Data.
3. Your Intellectual Property Rights in relation to your Data is outlined in clause 2.4.
4. It is your responsibility to maintain copies of your Data which is provided to us during our provision of the Services. We will endeavour to prevent data loss by providing regular back-ups, however, as the Services operate as cloud-based services provided through third parties, we do not make any guarantees that there will be no loss of your Data and do not represent or warrant that access to the Services or your Data will be available without interruption.
FEEDBACK AND DISPUTE RESOLUTION
1. Your feedback is important to us. Where you submit a complaint to us in relation to the Services, we will use our best endeavours to resolve your concerns quickly and effectively. If you have any feedback or questions about our Services, please contact us using the contact details below.
2. If there is a dispute between the Parties in relation to these Terms and Conditions, the Parties agree to meet in good faith to resolve the dispute. If the dispute has not been resolved within fourteen (14) days of the Parties' first meeting to resolve the dispute, either Party may refer the dispute to mediation, which shall be conducted in accordance with the Resolution Institute's Mediation Rules. If the dispute is not resolved through mediation or has not been referred to mediation within sixty (60) days of the Parties' first meeting to resolve the dispute, either Party may commence court proceedings in relation to the dispute.
3. Notwithstanding the existence of a dispute, each Party must continue to perform its obligations under these Terms and Conditions.
4. Any attempts made by the Parties to resolve a dispute pursuant to this clause are without prejudice to other rights or entitlements of the Parties under these Terms and Conditions, by law or in equity.
LIMITATION OF LIABILITY AND DISCLAIMERS
1. Our liability for the Services is governed solely by the Australian Consumer Law, to the extent applicable, and these Terms and Conditions. Nothing in these Terms and Conditions excludes, restricts or modifies any guarantee, term, condition, warranty, or any right or remedy, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances. If any guarantee, term, condition or warranty is implied into these Terms and Conditions under the Australian Consumer Law or any other applicable legislation (a Non-Excludable Provision) and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:
  1. in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of the goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired; or
  2. in the case of services, the supplying of the services again, or the payment of the cost of having the services supplied again.
2. All implied guarantees, warranties, representations, statements, terms or conditions relating to these Terms and Conditions and the Services that are not contained in these Terms and Conditions are excluded to the maximum extent permitted by law, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose and non-infringement of third party intellectual property rights or lack of viruses.
3. We have no liability to you for your use of the Services outside the Specified Countries.
4. While we endeavour to provide uninterrupted, error free Services, we do not warrant that the Services will be error free or your use of the Services will be uninterrupted. The operation of the Services is dependent on various third party providers, including public telephone services, computer networks, and the internet, which can be unpredictable and may from time to time interfere with our ability to provide the Services uninterrupted and error free. We accept no responsibility for any such interference or prevention of your use of the Services.
5. All risk arising out of your use of the Services remains with you. You understand and agree that your use of the Services, and any material or data downloaded or otherwise obtained through your use of the Services, is at your own discretion and risk and that you will be responsible for any infections, contaminations or damage to your computer, system or network, except to the extent that such infections, contaminations or damage are due to any act or omission on our part. We are not responsible or liable for delays, inaccuracies, errors or omissions arising out of your use of the Services, any third party software or any operating system, except to the extent that such delays, inaccuracies, errors or omissions are due to any act or omission on our part.
6. Subject to clauses 7.7 and 7.8 and our obligations under the Non-Excludable Provisions, we or our licensors' maximum aggregate liability to you for all claims under or relating to these Terms and Conditions or the Services is limited to the total Subscription Fees the Subscriber has paid to us in the twelve (12) month period immediately prior to the first such claim.
7. Subject to our obligations under the Non-Excludable Provisions, and to the maximum extent permitted by law, we or our licensors are not liable for, and no measure of damages will, under any circumstances, include:
  1. special, indirect, consequential, incidental or punitive damages; or
  2. damages for loss of profits, revenue, goodwill, anticipated savings or loss of corruption of data,
  whether under statute, in contract, in equity, tort (including negligence), under an indemnity or otherwise, whether or not such loss or damage was foreseeable and even if we have been advised of the possibility of such loss or damages.
8. One Party's liability to the other Party is diminished to the extent that the other Party's acts or omissions (or those of a third party) contribute to or cause the loss or liability.
9. Each Party must use its reasonable efforts to mitigate any loss it may suffer in connection with these Terms and Conditions.
INDEMNITY
1. You will indemnify, defend and hold us (including any of our directors, officers, employees and contractors) harmless for and against any and all claims, liabilities, losses, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:
  1. any information that is not accurate, up to date or complete or is misleading or a misrepresentation;
  2. any claim made against us by any third party arising out of our use of your Data in accordance with these Terms and Conditions, including where such use infringes their Intellectual Property Rights; and
  3. any misuse of the Services by you.
2. You agree to co-operate with us in the handling of disputes, complaints, investigations or litigation that arise as a result of your use of our Services including but not limited to disputes, complaints, investigations or litigation that arises out of or relates to incorrect information you have given us.
GENERAL
1. Notice
  
  Any notices required or permitted to be given under these Terms and Conditions must be in writing and addressed:
  1. to you, at the email address provided in your Account; and
  2. to us, at the email address provided below.
2. Relationship of Parties
  1. Neither Party is authorised to bind the other Party in any way without prior written consent of the other Party.
  2. The Parties acknowledge and agree that they will not seek to bind the other Party other than with the prior written consent of the other Party.
3. Rights of third parties
  
  Any person or entity who is not a Party to these Terms and Conditions has no right to benefit under or to enforce any provision of these Terms and Conditions.
4. Assignment
  1. A Party must not assign or deal with the whole or any part of its rights and/or obligations under these Terms and Conditions without the prior written consent of the other Party (such consent not to be unreasonably withheld).
  2. Any purported dealing in breach of this clause is of no effect.
5. Waiver or variation of rights
  1. Any failure or delay by a Party in exercising a power or right (either wholly or partially) in relation to these Terms and Conditions does not operate as a waiver or prevent that Party from exercising that power or right or any other power or right.
  2. A Party is not liable to any other Party for any loss, cost or expense that may have been caused or contributed to by the failure, delay, waiver or exercise of a power or right.
6. Powers, rights and remedies
  
  Except as expressly stated to the contrary in these Terms and Conditions, the powers, rights and/or remedies of a Party under these Terms and Conditions are cumulative and are in addition to any other powers, rights and remedies of that Party. Nothing in these Terms and Conditions merges, extinguishes, postpones, lessens or otherwise prejudicially affects any power, right, or remedy that a Party may have at any time against the other Party to these Terms and Conditions or any other person.
7. Force majeure
  
  Neither Party will be liable for any delay in performing any of its obligations under these Terms and Conditions if such delay is caused by a Force Majeure Event, and such impacted Party will be entitled to a reasonable extension of time for the performance of such obligations.
8. Consents and approvals
  
  Where these Terms and Conditions provide that a Party may conditionally or unconditionally give or withhold any consent or approval in relation to any matter in these Terms and Conditions, that Party may in its absolute discretion, and without being obliged to give reasons for doing so, withhold any consent or approval or give consent or approval conditionally or unconditionally.
9. Further assurance
  
  Each Party must from time to time and in a timely manner do all things reasonably required of it by another Party to give effect to these Terms and Conditions.
10. Enforceability
  
  If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, then such provisions is severed, and the validity of the other provisions of these Terms and Conditions and the remainder of the provisions in question will not be affected.
11. Survival
  
  Clauses 5, 7 and 8 and any provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions will survive termination or expiry of these Terms and Conditions.
12. Entire agreement and understanding
  1. In respect of the subject matter of these Terms and Conditions:
    1. these Terms and Conditions contain the entire agreement and understanding between the Parties; and
    2. all previous oral and written communications, representations, warranties, undertakings and commitments are superseded by these Terms and Conditions and do not affect the interpretation or meaning of these Terms and Conditions.
  2. Nothing in these Terms and Conditions limits any liability either Party may have in connection with any representations or other communications (either oral or written) made prior to or during the term of these Terms and Conditions, where such liability cannot be excluded (including under section 18 of the Australian Consumer Law).
13. Governing law and jurisdiction
  
  These Terms and Conditions are governed by the laws of New South Wales, Australia. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts of New South Wales and the Commonwealth of Australia.
DEFINITIONS

Account means an Invited User's account in the Services, which is accessed using User Information.
Aggregated Data has the meaning given in clause 2.4(e).

Application means a mobile device application published by us.

Australian Consumer Law means Schedule 2 of the Competition and Consumer Act 2010 (Cth).

Confidential Information includes confidential information about the business, structure, programs, processes, methods, operating procedures, activities, products and services, trade secrets, know how, financial, accounting, marketing and technical information, customer and supplier lists (including prospective customer and supplier information), ideas, concepts, know-how, Intellectual Property, technology, and other information whether or not such information is reduced to a tangible form or marked in writing as "confidential".

Custom URL means a personlised URL created for the Subscriber which allows you to access a personalised version of the Site.

Data has the meaning given in clause 2.2(b).

Data Breach means any:
1. unauthorised access to, or unauthorised disclosure of, any Personal Information or other information in relation to your Account; or
2. loss of any Personal Information or other information in relation to your Account.
Force Majeure Event means any fire, flood, earthquake, elements of nature or acts of God, strikes, acts of war, terrorism, riots, civil disorders, rebellions or revolutions, quarantines, embargoes and other similar governmental action, or any other similar cause beyond the reasonable control of a Party.

Governmental Agency means any government or any governmental, semi-governmental, administrative, fiscal or judicial body, department, commission, authority, tribunal, agency or entity in any part of the world.

Guest User means a visitor or guest at a Venue who accesses the Services in order to manage their interactions with a Venue.

Intellectual Property Rights includes any and all intellectual and industrial property rights throughout the world, whether subsisting now or in the future and includes all copyright and analogous rights, all rights in relation to inventions (including patent rights), registered and unregistered trademarks, designs (whether or not registered or registrable), circuit layouts, trade names, trade secrets, business names, company names or internet domain names.

Invited User means any Venue Users and Guest Users.

Non-Excludable Provision has the meaning given in clause 7.1.

Party and Parties have the meaning given in clause 1.1.

Personal Information means:
1. “Personal Information” as defined in the Privacy Act 1988 (Cth);
2. any definition of "personal information” or “personal data” used in a jurisdiction in which you use and we provide the Services; and
3. information or an opinion, whether true or not, and whether recorded in a material form or not, about an identified or identifiable individual who uses the Services.
Privacy Law means any legislation operating in Australia or any jurisdiction in which you use and we provide the Services which affects privacy or any Personal Information, including the Privacy Act 1988 (Cth).

Privacy Policy has the meaning given in clause 4.1.

Related Bodies Corporate has the meaning given in the Corporations Act 2001 (Cth).

Services means access to and use of the Software, via the Site, and any related support services provided by us to you, for use by the Subscriber and any Invited Users. A reference to Services refers to any component of the Services.

Site means the Venuelife website, accessible at www.venuelife.com, any Application or Custom URL, through which the Software is accessible.

Software means the cloud-based, venue management software provided by us which provides various functionality to enable Subscribers and Venue Users to manage Venue bookings and operations, including interacting with Guest Users of a Venue, and Guest Users to manage their interactions with a Venue.

Specified Countries means Australia and New Zealand, and any other countries as notified by us from time to time.

Subscriber means the person or entity that is party to the Venue Terms and Conditions and holds a Subscription with us.

Subscription Fee means the fee the Subscriber pays to access and use the Services.

Subscription means the Subscriber's subscription with us for provision of the Services.

Terms and Conditions means these Venuelife invited user terms and conditions, as amended from time to time.

User Information means the login credentials, including username and password, created for an Invited User which are used as a means of authentication to gain access to the Services.

Venue means the venue or venues which are managed using the Services.

Venue Terms and Conditions means the terms and conditions applicable to a Venue's access to and use of the Services.

Venue User means any person (including any director, officer, employee, agent, contractor, service provider or volunteer) invited by the Subscriber to create an account to access and use the Services on behalf of the Subscriber.

we, us and our has the meaning given in clause 1.1.

you and your means the Invited User.

For questions and notices, please contact us at:
Venuelife Systems Pty Ltd ACN 604 167 991
51 Bendena Garden, Stanwell Tops NSW 2508
(02) 4255 0480 | support@venuelife.com

Last update: 27 February 2024

Invited User Terms and Conditions

TERMS AND CONDITIONS

SERVICES

TERMINATION

PRIVACY AND SECURITY

INTELLECTUAL PROPERTY

FEEDBACK AND DISPUTE RESOLUTION

LIMITATION OF LIABILITY AND DISCLAIMERS

INDEMNITY

GENERAL

DEFINITIONS