The use of the online ticket sales service known as Attendly which is provided by Attendly PTY LTD – Australian Company Number 134 120 193 (“Attendly“) is governed by the terms and conditions set out below (“this Agreement“). Without limiting the way in which you may be bound by this Agreement, by signing a document agreeing to be bound by this Agreement, by clicking a button on your computer screen including your acceptance of this Agreement, or by proceeding to use the Services you (the “Client“) will be deemed to have accepted and will be bound by the terms and conditions of this Agreement.
Attendly is the independent service provider and contractor of the Client and is not the partner, agent or employee of the Client. Neither party has the power to bind the other in relation to any obligation owing to a third party. The Client agrees that any agreement for the sale of Tickets and Merchandise or for the soliciting of Donations will be between it and the Customer and that Attendly will only be obligated to process the payment of the Customer in accordance with this Agreement.
The Client agrees that:
The Client indemnifies Attendly, its agents, officers and employees (“Indemnified“) against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which Attendly suffers or incurs as a direct or indirect result of:
Account | means an online account with Attendly |
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Additional Services | has the meaning given in clause f |
Alternate payment method | means a method of payment (other than payment by credit card) which is accepted by Attendly from time to time |
Amendment Date | has the meaning given in clause 19.1 |
Client | means the person so identified in this Agreement as the “Client |
Client Works | means any logo, artwork or other works which the Client supplies to Attendly for inclusion in the Purchase Page |
Confidential Information | means all information of a confidential or sensitive nature in relation to Attendly or the Client, including, without limitation, information relating to the Services and their underlying processes and technology and information relating to the business of Attendly |
Customer | means a customer of the Client who purchases a Ticket or Merchandise or who makes a Donation via the Purchase Page |
Customer Information | has the meaning given in clause 10.1 |
Customer Payment | has the meaning given in clause 4.1 |
Donation | means a donation by a Customer to a Client in respect of an Event which Attendly agrees to collect pursuant to this Agreement |
Event | means an event held by the Client |
Fees | has the meaning given in clause 6.1 |
Indemnified | has the meaning given in clause 15 |
Initial Term | has the meaning given in clause 13.1 |
Intellectual Property Rights | means all intellectual property rights of any type whatsoever throughout the world including all rights which subsist in copyright, patent rights, trademark rights, designs and plant breeder rights, whether or not such rights are registered or able to be registered |
Merchandise | means merchandise or other goods sold by the Client in relation to an Event, in respect of which Attendly agrees to process the sales for pursuant to this Agreement |
Portal | means Attendly’s online portal with which Clients can access their Accounts and view information provided by Attendly |
Purchase Page | means a purchasing web page or series of web pages on which Customers may purchase Tickets and/or Merchandise and/or pay Donations |
Renewal Term | has the meaning given in clause 13.2 |
Services | means the services provided by Attendly which are described in clause 1.1 |
Taxes | means any applicable duties, sales taxes, GST, VAT or other taxes which may be levied in respect of a transaction contemplated by this Agreement |
Ticket | means a ticket to an Event for which Attendly agrees to process the sales for in accordance with this Agreement |
Transaction Costs | means the following transaction costs incurred by Attendly or payments made by Attendly on behalf of the Client or amounts which Attendly may in the future become liable for in respect of the provision of the Services:
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Attendly | means HUGEOBJECT PTY LTD – Australian Company Number 111 807 142 |
Works | means any deliverable, item or thing embodied as a result of or by the Services and includes, without limitation, the Purchase Page, any software, content, data, Customer Information or other information displayed to or used by the Client or a Customer in their use of the Services |