Rave Reviews Terms of Service

 TERMS OF SERVICE

INTRODUCTION

The Company provides the Rave Reviewz online community and marketplace for promoting and reviewing events and venues. Use of Rave Reviewz is subject to these Terms of Service.

Definitions

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

  • ABN means Australian Business Number.
  • Agreement means the agreement formed between the Users and the Company under, and on the terms of, these Terms of Service.
  • 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 Rave Reviewz Pty Ltd ABN 36 610 463 717.
  • Corporations Act means the Corporations Act 2001 (Cth).
  • End User means a registered user of Rave Reviewz, that uses the features associated with an End User account.
  • Event means an event operated or promoted by a Promoter or venue manager.
  • Event Listing means a listing within Rave Reviewz for an Event created and managed by a Promoter or venue manager.
  • Fee means a fee charged by the Company for use of Rave Reviewz.
  • 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.
  • Listing means an Event Listing, Venue Listing or Promoter Listing.
  • Order means a confirmed order for a Ticket.
  • 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 net/privacy-policy
  • Promoter means a registered user of Rave Reviewz,that uses the features associated with a Promoter account.
  • Promoter Listing means a listing within Rave Reviewz for the describes a Promoter and any services they offer..
  • Rave Reviewz means:
    • The Rave Reviewz digital platform accessible from ravereviewz.net; and/or
    • Any Rave Reviewz mobile or tablet application.
  • Review means a review of an Event or Venue attended by the End User.
  • Site means net
  • Tax Invoice has the meaning given by the A New Tax System (Goods and Services Tax) Act 1999 (Cth).
  • Terms of Service means the terms and conditions of using Rave Reviewz, as updated from time-to-time, which can be found at net/terms-of-service
  • Ticket means a ticket for an Event, sold via Rave Reviewz.
  • TPS means an online third-party service provider with whom a User holds an account.
  • Upgrade means any feature that may be purchased from the Company in order to increase exposure or improve the effectiveness of the advertising of a Listing within Rave Reviewz.
  • User means any registered Promoter, Venue Manager or End User that uses Rave Reviewz, or an unregistered user.
  • User Content means images, information, documents or other data that is uploaded or input into Rave Reviewz by the User or that forms part of the User’s Intellectual Property.
  • Venue means a venue owned or operated by a Venue Manager.
  • Venue Manager means a registered user of Rave Reviewz, that uses the features associated with a Venue Manager account.
  • Venue Listing means a listing within Rave Reviewz for a Venue created and managed by a Venue Manager.

 

Rave Reviewz

USING Rave Reviewz

General

To use the full features available via Rave Reviewz, the User must log into Rave Reviewz and have set up their account. Most features shall not be available to unregistered users, or registered users that are not logged-in.

The User agrees that all use of Rave Reviewz is subject to these Terms of Service.

Anyone over the age of 18 may use Rave Reviewz. People under 18 years of age must not use Rave Reviewz without their parent or legal guardian’s consent.

The Company may suspend the account or restrict the access of any User that breaches the terms of this Agreement.

 

Features

Rave Reviewz may allow an End User to:

  • Browse and search Listings;
  • Share Listings and Reviews on social media (i.e. a TPS);
  • Write Reviews;
  • Add photos to an Event Listing;
  • Buy Tickets;
  • Such other features Rave Reviewz may make available from time-to-time.

Rave Reviewz may allow a Promoter to:

  • Create and manage Event Listings and their Promoter Listing;
  • Share Event Listings via social media (i.e. a TPS);
  • Respond to Reviews;
  • Connect Event Listings with Venue Listings;
  • Offer Tickets for sale, and accept payment for Orders;
  • Upgrade an Event Listing;
  • Such other features Rave Reviewz may make available from time-to-time.

Rave Reviewz may allow a Venue Manager to:

  • Create and manage Event Listings;
  • Create and manage Venue Listings;
  • Connect Venue Listings with Event Listings;
  • Upgrade a Venue Listing;
  • Share Event Listings via social media (i.e. a TPS);
  • Respond to Reviews;
  • Such other features Rave Reviewz may make available from time-to-time.

 

Listings

Each User is responsible for ensuring the accuracy of all information described in a Listing.

The Company makes no representation as to the accuracy of any information contained in a Listing, including with regard to any Event, Venue, Ticket, or other service.

No User may create a Listing for the purposes of defaming or deriding a business or other User.

Where a User creates a Venue Listing (or the Company creates a Venue Listing for a User), the Company may require the User to verify its authority from the owner to promote the Venue to which the Venue Listing relates.

Where a User creates an Event Listing, the Company may require the User to verify that the User has the authority from the owner or organiser of the Event to which the Event Listing relates, in order to promote the Event.

Only a Promoter or Venue Manager that is the organiser of an Event or is otherwise authorised by the organiser of the Event, may offer Tickets to End Users.

If a User creates a Listing for an Event or Venue that it does not own or operate, the User acknowledges that control of the Venue Listing may be claimed by the User that does own the relevant Event or Venue.

 

Reviews

Users may provide Reviews via Rave Reviewz in order to rate and provide feedback on Events or Venues.

The User agrees to provide accurate information and to not unreasonably give an Event or Venue an unfavourable Review.

Users must not provide a Review that relates to an Event or Venue that the User has not attended.

The Company may remove any Review that it determines:

  • Is inaccurate;
  • Is offensive, abusive, uses coarse language; or
  • Has been procured by the Promoter or Venue Manager in return for a reward.

 

Conduct

The User acknowledges and accepts that:

The Company accepts no responsibility for the conduct of any User of Rave Reviewz.

The Company accepts no responsibility for any interaction between Users, whether that interaction occurs via Rave Reviewz or not (including a personal meeting at an Event or Venue).

The Company makes no warranty or representation as to the accuracy of any information provided by any User.

The Company makes no warranty as to the character or credentials of any User.

 

Lodging a Complaint

If a User believes that another user’s behaviour is threatening, discriminatory, or deliberately offensive, the User may lodge a complaint to the Company via email at admin@ravereviewz.net

The Company may suspend or delete the account of any User that Rave Reviewz determines conducts itself inappropriately.

The Company will advise the User of a suspended or deleted account of the decision to do so, but is under no obligation to identify a complainant.

The Company’s decision whether or not to suspend or remove a User account is at its absolute discretion. The Company’s decision shall be final and not subject to review.

 

User Content

The User acknowledges and agrees that:

Rave Reviewz may enable the User to upload or create User Content, but that by doing so the User shall not acquire an interest to any Intellectual Property owned by the Company, which may exist in Rave Reviewz.

User Content is the sole responsibility of the person that provided the User Content to Rave Reviewz.

The User indemnifies the Company for any User Content that is illegal, offensive, indecent or objectionable that the User makes available using Rave Reviewz.

The Company may suspend accessibility to User Content via Rave Reviewz that the Company determines is illegal, offensive, 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.

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 Rave Reviewz.

In order to provide the services afforded by Rave Reviewz, where the User Content includes the User’s brand, logo or other intellectual property, it grants the Company a worldwide, revocable license to use the User Content, for the term of this Agreement. The Company may also use User Content for the purposes of promoting Rave Reviewz subject to this license.

 

TERMS OF SALE

Tickets

Rave Reviewz may allow:

Promoters to advertise and accept payment for Tickets via an Event Listing; and

End Users to purchase Tickets and make payment.

The Promoter is responsible for ensuring that all details of Events and Tickets advertised on an Event Listing are up-to date and accurate.

The Promoter may set any additional conditions on a Ticket by describing them in the Venue Listing. Such conditions may include (without limitation):

  • The fees payable for each Ticket;
  • Features and entitlements that apply to tickets (such as seating locations etc.);
  • Cancellation policy;
  • Refund policy;
  • Any other rules that may apply to a Ticket.

Each End User must comply with the conditions of a Ticket set by the Promoter.

The company accepts no responsibility for tickets sold by third parties via a link within Rave Reviewz.

 

Payment for Tickets and Orders

An order to purchase a Ticket is not confirmed until the End User completes payment via Rave Reviewz (Order).

Payments must be made by credit card, or as otherwise specified on the Site using the Rave Reviewz payment gateway.

The Company may take a Fee from the payment in consideration for facilitating the transaction prior to forwarding the balance of the payment to the Promoter or Venue Manager.

The amount of any applicable Fee deducted shall be in accordance with the rates described on the Site from time-to-time.

The Company will pay the balance of any payment to the Promoter once funds have been received.

The Promoter must include the following costs in the value of any payment it agrees to with an End User for Tickets, including:

  • Shipping Costs;
  • GST (if applicable);
  • The value of any Fee; and
  • Any other duty or tariff that may apply to the transaction.

The Company will provide:

The End User with a Tax Invoice for its payment; and

The Promoter with a recipient created Tax Invoice for each payment it makes to the Promoter.

The terms for shipping any Orders shall be in accordance with a Listing, or as otherwise agreed between the End User and the Promoter.

The End User is responsible for providing the Promoter with the correct shipping address and any special instructions.

The Company recommends that Users ship Tickets using a registered and trackable shipping method. The Promoter must provide an End User with any tracking details that may apply to the Order.

The Promoter shall remain responsible for the shipment of any goods until an End User receives them.

The End User shall assume all risk in the Tickets at the time that they arrive at the End User’s address for delivery.

End Users and Promoters may arrange pickup of an Order at their own risk if so permitted by the Promoter.

 

No Warranty

The Company makes no warranty or representation as to the quality, safety or fitness for purpose of any Event, or whether an Event will occur at all.

The Company shall not be responsible in the event that:

  • An Event is cancelled; or
  • A User is unable to attend an Event.

The Company takes no responsibility for any harm or loss suffered by an End User as a result of using any Ticket or attending an Event. If a customer suffers loss or harm as a result of any Ticket purchased from another user via Rave Reviewz, the End User agrees that:

The End User shall have no recourse against the Company; and

The relevant User remains responsible for any such loss or harm under Australian Consumer Law.

 

No Inappropriate Events

No User may make available for sale any Ticket, or advertise any Event or service that the Company in its sole discretion determines is inappropriate or offensive.

The Company may remove any User Content that suggests that a user is selling or seeking to purchase a Ticket or service that the Company determines is inappropriate.

 

Dispute Resolution

In addition to the dispute resolution provisions contained in clause 12:

An End User that receives an unsatisfactory Ticket must notify the Promoter within 7 days of receiving the Ticket.

Any dispute that arises in relation to a Ticket must be resolved between the End User and the relevant Promoter in accordance with the terms of agreement between the End User and the Promoter (including on an Event Listing), and in accordance with Australian Consumer Law (if applicable).

The Company reserves the right to suspend a Promoter’s account if the Company receives a complaint about a Promoter.

The Company may reinstate a suspended account at its sole discretion.

Fees, payments & refunds

 

Fees

Each Fee applies in accordance with such features and/or services purchased or subscribed for by the User in accordance with the pricing described on ravereviewz.net (including an Upgrade), or as otherwise agreed with the Company.

The User agrees to make payment in advance for all Fees due at such frequency, or on such dates as the User has subscribed for.

All payments shall be made via the online payment gateway within Rave Reviewz, or in such other manner as the Company may direct from time-to-time. The User agrees that it has no right to access any paid features if it fails to make payments when due.

The Company reserves the right to introduce or change any Fees from time-to-time by giving the User no less than 14 days’ written notice. Any new or changed Fees will apply at the next billing period after the User has been given such notice.

If a User does not accept a change to any Fees, then it can simply terminate its Account.

All Fees are quoted in Australian dollars, however transactions may be processed in an equivalent foreign currency (such as US dollars or Euros).

Transactions processed in other currencies may attract conversions fees, transaction fees or other bank fees, which must be paid for by the User.

For Users in Australia, GST is applicable to any Fees charged by the Company to the User. Unless expressed otherwise, all Fees shall be deemed inclusive of GST. The Company will provide the User with a Tax Invoice for any payments.

No refunds of Fees are offered other than as required by law.

If an End User believes it is entitled to a refund for a Ticket, the End User acknowledges that it must seek such a refund directly from the relevant Promoter.

 

Late Payment

The Company may restrict access to any paid features if Fees for continued use are not paid when due.

 

Third Party Login and Integration

Registration & Login

A User may be able to register as a User, access Rave Reviewz and use integrated features by connecting their account with certain third party services (TPS) (e.g, Facebook, Twitter, Instagram etc).

As part of the functionality of Rave Reviewz the User may connect their profile with a TPS by:

Providing their TPS login information to the Company through Rave Reviewz; or

Allowing the Company to access their TPS in accordance with its terms & conditions of service.

When connecting to Rave Reviewz using a TPS the User warrants that they are not in breach any of the TPS’ terms & conditions of service.

 

Ongoing Availability

The User agrees that User access to Rave Reviewz may be unavailable if the TPS becomes unavailable, and that the User may lose functionality or content that is shared between the TPS and Rave Reviewz.

The User may disconnect the connection between Rave Reviewz and the TPS at any time.

The Company has no relationship with any TPS and cannot guarantee the efficacy of any TPS connection.

 

Data from TPS

Where a User connects and or registers their account using a TPS, the User authorises the Company to use data from that TPS to create the User’s profile within Rave Reviewz.

 

Relationship

The parties agree that the Promoter is an independent service provider to the End User. Each End User and Promoter is responsible to each other with respect to each Event or Ticket. The parties acknowledge and agree that:

The Promoter is not an employee or subcontractor of the Company, and the Promoter does not provide any goods services to End Users on behalf of the Company;

The Company is only the Promoter’s agent for the purpose of advertising Tickets and Events, and receiving payments;

The Promoter is not an employee of the End User or the Company; and

The Company is not an agent of the End User.

The parties agree that the Venue Manager is an independent service provider to the End User. Each End User and Venue Manager is responsible to each other with respect to each Venue. The parties acknowledge and agree that:

The Venue Manager is not an employee or subcontractor of the Company, and the Venue Manager does not provide any goods services to End Users on behalf of the Company;

The Company is only the Venue Manager’s agent for the purpose of advertising Venues;

The Venue Manager is not an employee of the End User or the Company; and

The Company is not an agent of the End User.

 

General conditions

Licence

By accepting the terms and conditions of this Agreement, the User is granted a limited, non-exclusive and revocable licence to access and use Rave Reviewz for the duration of this Agreement, in accordance with the terms and conditions of this Agreement.

The Company may issue the licence to the User on the further terms or limitations (including the number of users or volume of use or transactions) 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 the terms and conditions in this Agreement by the User.

 

Modification of Terms

The terms of this Agreement may be updated by the Company from time-to-time.

Where the Company modifies the terms, it will provide the User with written notice, and the User will be required to accept the modified terms in order to continue using Rave Reviewz.

 

Software-as-a-Service

The User agrees and accepts that Rave Reviewz is:

Hosted by the Company and shall only be installed, accessed and maintained by the Company, accessed using the internet or other connection to the Company servers and is not available ‘locally’ from the User’s systems; and

Managed and supported exclusively by the Company from the Company servers and that no ‘back-end’ access to Rave Reviewz 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 Rave Reviewz.

 

Support

The Company provides user support for Rave Reviewz via the email address admin@ravereviewz.net.

The Company shall endeavour to respond to all support requests within 1 Business Day.

 

Use & Availability

The User agrees that it shall only use Rave Reviewz 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.

The User is solely responsible for the security of its username and password for access to Rave Reviewz. The User shall notify the Company as soon as it becomes aware of any unauthorised access of its Rave Reviewz account.

The User agrees that the Company shall provide access to Rave Reviewz to the best of its abilities, however:

Access to Rave Reviewz may be prevented by issues outside of its control; and

It accepts no responsibility for ongoing access to Rave Reviewz.

 

Privacy

The Company maintains the Privacy Policy in compliance with the provisions of the Privacy Act for data that it collects about the User.

The Privacy Policy does not apply to how a Promoter or Venue Manager handles personal information. If necessary under the Privacy Act, it is the Promoter or Venue Manager’s responsibility to meet the obligations of the Privacy Act by implementing a privacy policy in accordance with law.

Rave Reviewz 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.

Data

The Company takes the security of Rave Reviewz 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.

The Company shall do all things reasonable to ensure that the transmission of data occurs according to accepted industry standards.  It is up to the User to ensure that any transmission standards meet the User’s operating and legal requirements.

The Company stores data on servers based in the Australia according to accepted industry standards. If the User requires its User Data to be stored in a different location, the Company may charge the User a fee to do so.

The Company shall perform backups of its entire systems in as reasonable manner at such times and intervals as is reasonable for its business purposes.  The Company does not warrant that it is able to backup or recover specific User Data from any period of time unless so stated in writing by the Company.

 

Intellectual Property

The Company has moral & 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 Rave Reviewz.

 

The Rave Reviewz Application.

The User agrees and accepts that Rave Reviewz is the Intellectual Property of the Company and the User further warrants that by using Rave Reviewz the User will not:

Copy Rave Reviewz or the services that it provides for the User’s own commercial purposes; and

Directly or indirectly copy, recreate, decompile, reverse engineer or otherwise obtain, modify or use any source or object code, architecture, algorithms contained in Rave Reviewz or any documentation associated with it.

All content submitted to the Company, whether via Rave Reviewz or directly by other means, becomes and remains the Intellectual Property of the Company, including (without limitation) any source code, analytics, insights, ideas, enhancements, feature requests, suggestions or other information provided by the User or any other party with respect to Rave Reviewz.

Disclaimer of Third Party Services & Information

The User acknowledges that Rave Reviewz is dependent on third-party services, including but not limited to:

Banks, credit card providers and merchant gateway providers;

Telecommunications services;

Hosting services;

Email services; and

Analytics services.

The User agrees that the Company shall not be responsible or liable in any way for:

Interruptions to the availability of Rave Reviewz due to third-party services; or

Information contained on any linked third party website.

 

Liability & Indemnity

The User agrees that it uses Rave Reviewz at its own risk.

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 Rave Reviewz, including any breach by the User 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 Rave Reviewz, 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:

The re-supply of services or payment of the cost of re-supply of services; or

The replacement or repair of goods or payment of the cost of replacement or repair.

 

Termination

Either party may terminate this Agreement by giving the other party 1 month’s written notice.

Termination of this agreement is without prejudice to and does not affect the accrued rights or remedies of any of the parties arising in any way out of this agreement up to the date of expiry or termination.

Termination does not affect any of the rights accrued by a party prior to termination, and the rights and obligations under clauses 9, 7.12 and 7.13 survive termination of this Agreement.

 

Dispute Resolution

If any dispute arises between the parties in connection with this Agreement (Dispute), then either party may notify the other of the Dispute with a notice (Dispute Notice) which:

Includes or is accompanied by full and detailed particulars of the Dispute; and

Is delivered within 10 Business Days of the circumstances giving rise to the Dispute first occurring.

Within 10 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 (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.

 

Electronic Communication, Amendment & Assignment

The words in this clause that are defined in the Electronic Transactions Act 1999 (Cth) have the same meaning.

The User can direct notices, enquiries, complaints and so forth to the Company as set out in this Agreement. The Company will notify the User of a change of details from time-to-time.

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 this Agreement 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 this Agreement.

The Company may assign or otherwise create an interest in its rights under this Agreement by giving written notice to the User.

 

General

Special Conditions

The parties may agree to any Special Conditions to this Agreement in writing.

To the extent this Agreement is in conflict with, or inconsistent with any Special Conditions made under this Agreement, the terms of those Special Conditions shall prevail.

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 this Agreement.

The relationship of the parties to this Agreement does not form a joint venture or partnership.

No clause of this Agreement 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 this Agreement and the transaction facilitated by it.

 

Governing Law

This Agreement is 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.

Any clause of this Agreement, which is invalid or unenforceable, is ineffective to the extent of the invalidity or unenforceability without affecting the remaining clauses of this Agreement.