1. Accepting These Terms
When these Terms use the term "Nominate," "we," "us," or "our," that refers to Nominate Pty Ltd. and its affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners and employees.
If you are a User, you are contracting with Nominate Pty Ltd, 30 Milbong rd, Milbong, QLD, Australia
1.1 If you are an Organiser, Nominate Merchant Agreement and Organiser Refund Policy Requirements are also applicable to you.
1.2 What the "Terms of Service" Means. These Terms of Service comprise Nominates "Terms." These Terms are a legally binding agreement between you and Nominate governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
2. Nominate Services and Role
2.1 Nominate Services provide a means for users to enter events run by Event Organisers.
2.2 Nominate is not the creator, organiser or owner of the events listed on the Services. Rather, Nominate provides its Services, which allow Organisers to manage and promote their events. The Organiser is solely responsible for ensuring that any page displaying an event on the Services (and the event itself) meet all applicable local, state, national and other laws, rules and regulations. Nominate also acts as the Organiser's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Organiser. Nominate charges a fee for the provision of this service and the Organiser is responsible for payment of this fee. The organiser is liable for payment of this fee regardless of whether the event goes ahead or not. Nominate may chose to waive this fee at it's sole discretion.
3. Privacy and Consumer Information
3.1 We know your personal information is important to you and it is important to Nominate too. Information provided to Nominate by Users or collected by Nominate, is governed by our Privacy Policy.
4. Termination
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or Nominate decides it's best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and Nominate.
4.2 Nominate may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by Nominate; or (c) if allowing you to access and use the Services would violate any applicable local, state, national and other laws, rules and regulations or would expose Nominate to legal liability. Nominate may choose to stop offering the Services, or any particular portion of the Service, or modify or replace any aspect of the Service, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, where, in Nominate sole discretion, failure to do so would materially prejudice you. You agree that Nominate will not be liable to you or any third-party as a result of its termination of your right to use or otherwise access the Services.
4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and Nominate, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered account, your only option for these Terms to no longer apply is to stop accessing the Services indefinitely. So long as you continue to access the Services, even without an account, these Terms remain in effect. If there is a separate agreement between you and Nominate governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).
5. Release and Indemnification
5.1 Release. You hereby agree to release Nominate from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of a dispute between you and a third party (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY."
5.2 Indemnification.
a. To the extent permitted by the Australian Consumer Law, Nominate hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. Nothing herein is intended to remove your rights to statutory guarantees provided by the Australian Consumer Laws to the extent such statutory guarantees are applicable.
b. Nominate uses commercially reasonable efforts to ensure that the Services are available without interruptions and transmissions are error-free. However, by the nature of the Internet, this cannot be guaranteed. In addition, Nominate may take some or all of the Services down for planned repair or maintenance from time to time. Nominate will use commercially reasonable efforts to notify you prior to such planned repairs or maintenance.
c. Nominate does not assume any responsibility for the content, products, services, actions or inactions of any User or third party before, during and/or after an event. You acknowledge that Nominate has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Users’ (including Attendees’, other non-Organizers’ and Organizers’) content or listings, or the ability of any User (including Attendees and Organizers) to perform or actually complete a transaction and Nominate is not affiliated with, and has no agency or employment relationship with, any third party service provider used in conjunction with the Services, and Nominate has no responsibility for the acts or omissions of any such third party. However, Nominate wants its customers to report any such misconduct in connection with the Services by contacting us.
6. Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but there are some things it is important for you to understand that we cannot promise.
To the extent permitted by Australian Consumer Law, the Services are provided on an "as is" and "as available" basis. Nominate expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Nominate makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
You acknowledge that Nominate has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event, the truth or accuracy of any information provided by Users (including the Consumer's personal information shared with Organisers in connection with events) or the ability of any User to perform or actually complete a transaction. Nominate has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties Nominate requires to provide the Services or an Organiser chooses to assist with an event.
You understand and agree that some events may carry inherent risk, and by participating in those events, you choose to assume those risks voluntarily. For example, some events may carry risk of illness, bodily injury, disability, or death, and you freely and wilfully assume those risks by choosing to participate in those events.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, will be limited to the maximum extent permitted by law.
7. Limitation of Liability
7.1 To the extent permitted by applicable laws, or as otherwise set forth herein, Nominate and any person or entity associated with Nominate provision of the Services (e.g., an affiliate, vendor, strategic partner or employee) ("Associated Parties"), will not be liable to you or any third party, for: (a) any indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if Nominate has been advised of the possibility of such damages).
8. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
(a) Contact Us First.
If you have a question or concern about the Services, please contact us first. Our customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate.
In the unlikely event that our customer support team is unable to resolve your concerns, the parties (you and we) each hereby agree to resolve any and all disputes or claims under these Terms, with respect to the Services, or related to our relationship through binding arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis. In no event may either we or you seek to resolve a dispute with the other as part of any purported class, consolidated or representative proceeding. Binding arbitration is subject to very limited review. Only the arbitrator appointed pursuant to this Section, and not any federal, state or local court will have the authority to resolve any dispute or claim relating to this Section including, without limitation, regarding the scope, enforceability and arbitrability of these Terms. This arbitration provision will survive termination of these Terms.
(c) Scope of Agreement.
This agreement to arbitrate is intended to be broadly interpreted as to legal disputes between you and us. It includes, but is not limited to: (i) all claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; (ii) all claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising); and (iii) all claims that may arise after termination of these Terms and/or your use of the Services.
(d) Exceptions.
Notwithstanding this Agreement to arbitrate, either party may bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies);
(e) No Class Actions.
YOU AND NOMINATE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
(f) Notice of Dispute.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to Nominate must be addressed to the following address ("Notice Address") and must be sent by certified mail: Nominate Pty Ltd, 30 Milbong rd, Milbong, QLD, Australia. Notice to you will be addressed to a mailing, home or payment address currently on record with Nominate and must be sent by certified mail. If Nominate has no records of such physical address, such notice may be delivered to your Nominate account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Nominate and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Nominate may commence an arbitration proceeding.
(g) Location of Arbitration Proceedings.
If you are a Consumer, any arbitration hearings will take place (at your option) either in the capital city of the state of your residence or by phone. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. All decisions by the arbitrator will be final and binding and judgment on the award rendered may be entered in any court having jurisdiction.
(h) Costs of Arbitration; Legal Fees.
i. Payment of Costs and Expenses. Payment of all filing, administration, and arbitrator costs and expenses, will be paid by you.
ii. Payment of Legal Fees. Just as in any court proceeding, each party will initially bear its own solicitors' fees and expenses in connection with any arbitration. Should either party be determined to have substantially prevailed in the arbitration, then upon such party's request, the arbitrator will award such prevailing party the reasonable solicitors' fees and expenses that it incurred in connection with the arbitration, provided that to the extent that the dispute or claim relate to your personal or household use of the Services (rather than business use) Nominate will not seek to recover its solicitors' fees and expenses in an arbitration initiated by you. The arbitrator may make rulings and resolve disputes as to the reimbursement of solicitors' fees and expenses upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
(i) Future Changes.
Notwithstanding any provision in these Terms to the contrary, you and Nominate agree that if Nominate makes any future change to this arbitration provision (other than a change to the Notice Address) Nominate will provide you with notice of such change and you may reject any such change by sending us written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision as unmodified by such rejected change.
(j) Special Severability.
In the event that any provisions of this Section 8 are found to be invalid or unenforceable for any dispute or claim, then, the entirety of this Section 8 will be null and void with respect to such dispute or claim and Section 20 will apply in lieu of this Section 8.
(k) Opt Out.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to [email protected], with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within thirty (30) days of your first use of the Services or your agreement to these Terms (whichever is later); otherwise, you will be bound to arbitrate disputes in accordance with the terms of those paragraphs. Note that if you opt out of these arbitration provisions, Nominate also will not be bound by them.
9. License to the Nominate Services
9.1 We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to (a) browse the Services and search for, view, register for an event listed on the Services; and/or (b) create event registration and other webpages to promote, market, manage, track, and collect sales proceeds for an event. Your use of the Services must be in compliance with these Terms and in compliance with all applicable local, state, national and other laws, rules and regulations. In addition, by using any search functionality or address auto-population tools, you are bound by the Google Maps/Google Earth Additional Terms of Service (including the Google Privacy Policy).
9.2 Without limitations on other restrictions, limitations and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly (a) copy, modify, reproduce, translate, localise, port or otherwise create derivatives of any part of the Services; (b) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Services; (c) rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorised manner; (d) remove or alter any proprietary notices on the Services; or (e) engage in any activity that interferes with or disrupts the Services.
9.3 You agree that all Site Content may be protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Nominate may own the Site Content or portions of the Site Content may be made available to Nominate through arrangements with third parties. Site Content included in or made available through the Services is the exclusive property of Nominate and is protected by copyright laws. You agree to use the Site Content only for purposes that are permitted by these Terms and any applicable local, state, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
10. Scraping or Commercial Use of Site Content is Prohibited
The Site Content is not intended for your commercial use. You have no right to use, and agree not to use, any Site Content for your own commercial purposes. You have no right to, and agree not to scrape, crawl, or employ any automated means to extract data from the Site(s).
11. Your Account with Nominate
We may require you to create an account to access certain features or functions of the Services. You agree to follow certain rules when you create an account with Nominate or user the Services, including the following:
- You must be at least 18 years of age, to use the Services. If you are 13 or older, you may only use the Services under the supervisions of a parent or legal guardian who manages your use and/or account. However, if you are under 13, please do not provide us with any information about yourself.
- You agree to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity (the "Registration Data"). You also agree to update this Registration Data if it changes.
- If there is a dispute between two or more persons or entities as to account ownership, Nominate will be the sole arbiter of that dispute and Nominate decision (which may include termination or suspension of the account) will be final and binding on those parties.
- If you are using the Services on behalf of a company or other entity, you represent and warrant that you have the authority to legally bind that entity and grant Nominate all permissions and licenses provided in these Terms.
- You agree to immediately notify Nominate of any unauthorised use of your password or account or any other breach of security. You are responsible for (and we will hold you responsible for) any activities that occur under your account.
12. Your Content.
12.1 Nominate does not make any claim to Your Content. You are solely responsible for Your Content. You hereby grant Nominate a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable right and license to access, use, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish and create derivative works based on Your Content, in whole or in part, in any media, for the purpose of operating the Services (including Nominate promotional and marketing services, which may include without limitation, promotion of your event on a third party website), and you hereby waive any and all moral right to use the name you submit with Your Content. Notwithstanding the foregoing, Nominate does not claim, and you do not transfer, any ownership rights in any of Your Content and nothing in these Terms of Service will restrict any rights that you may have to use and exploit Your Content outside of the Services.
12.2 You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (a) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party; (b) complies with all applicable local, state, national and other laws, rules and regulations; and (c) does not violate these Terms.
12.3 Your Content must be accurate and truthful. Nominate reserves the right to remove Your Content from the Services if Nominate believes in its sole discretion that it violates these Terms, or for any other reason. Nominate may use your name and logo (whether or not you have made it available through the Services) for the purpose of identifying you as an existing or past customer of Nominate both on the Services and in marketing, advertising and promotional materials. We likewise may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) respond to claims that any of Your Content violates the rights of third parties; (c) enforce or administer the Terms of Service, including without limitation, these Terms of Service; and/or (d) protect the rights, property and/or personal safety of Nominate, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
13. Notices
Notices to you may be sent via email or regular mail to the address in Nominate records. The Services may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Services. If you wish to contact Nominate or deliver any notice, you can do so at Nominate Pty Ltd,
30 Milbong rd, Milbong, QLD, Australia, or via [email protected].
14 Modifications to the Terms or Services
Nominate reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; or (b) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the date as communicated in any notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, Nominate may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorised officer of Nominate. Nominate is constantly evolving our products and services to better meet the needs of our Users. Because of this, we cannot guarantee the availability of certain product features or functionality. Nominate reserves the right modify, replace or discontinue any part of the Services or the entire Service.
15. Assignment.
We may, without your consent or approval, freely assign these Terms and our rights and obligations under these Terms whether to an affiliate or to another entity in connection with a corporate transaction or otherwise.
16. Entire Agreement
Except as otherwise set forth herein, these Terms constitute the entire agreement between you and Nominate and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Nominate on the subject matter hereof, other than any written agreement for Services between you and an authorised officer of Nominate relating to a specified event or events.
17. Applicable Law and Jurisdiction
These Terms are governed by the laws of Australia. These laws will apply no matter where in the world you live. Nominate is based in Brisbane, Australia, and any legal action against Nominate related to our Services and that is not precluded by the arbitration provisions in these Terms must be filed and take place in Brisbane. Thus, for any actions not subject to arbitration, you and Nominate agree to submit to the personal jurisdiction of the federal or state courts (as applicable) located in Brisbane, Australia.
18. Third Party Websites; Linked Accounts
The Services may provide, or Users may provide, links to other Internet websites or resources. Because Nominate has no control over such websites and resources, you acknowledge and agree that Nominate is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources, or any damages or losses related thereto, even if such websites or resources are connected with Nominate partners or third party service providers.
19. Additional Miscellaneous Provisions
Our failure to enforce any part of these Terms will not constitute a waiver of our right to later enforce that or any other part of these Terms. No oral waiver, amendment or modification of these Terms will be effective. If any provision of these Terms is found to be unenforceable, that part will be limited to the minimum extent necessary the other provisions of these Terms remain in full force and effect. Section titles in these Terms are for convenience and have no legal or contractual effect. No independent contractor, agency, partnership, joint venture or other such relationship is created by these Terms. We may freely assign any of our rights and obligations under these Terms.