Welcome to The Event Collective x [ABN 44321916805] (“we, us, our”) (“The Event Collective x”, “we”, “us”) and www.theeventcollectivex.com, our website. By subscribing and making a listing you are agreeing to these terms and conditions and any other policies we publish or link to on our website; these form an “Agreement”. If you don’t agree, you cannot list your Products or Services.
- 1. WHY DO WE HAVE THIS AGREEMENT?
1.1. We have this agreement to formalise the Subscription Services we will be providing and the terms and conditions upon which we will be providing those services.
1.2. You must register as a member, fill in intake form and email information to us to be able to create listings.
- 2. THE SUBSCRIPTION SERVICES WE WILL PROVIDE
2.1. We will providethe Subscription Services with due care, skill and diligence and in accordance with all relevant legislation, regulations and requirements of authorities at the time.
2.2. All listings are removed at the earlier of the date the goods or services are sold, or the period of 4 months from the listing.
2.3. We will seek the consent of your Representative in relation to the Subscription Services.
- 3. YOUR OBLIGATIONS
3.1. You must provide all Information required by us in order for us to provide the Subscription Services.
3.2. You represent and warrant that:
- 3.2.1. all Information you have provided to us is true, correct and up to date, including but not limited to your Product and Service descriptions and prices;
- 3.2.2. the Information is not misleading or deceptive;
- 3.2.3. the Information does not breach any third party Intellectual Property Rights; and
- 3.2.4. the Representative has full authority to make all decisions related to the Subscription Services.
3.3. You acknowledge and agree that the minimum period for any Subscription Services is the period of 12 months.
3.4. You must inform us of any updates to your Information; and respond promptly to any of our requests for further information. You must provide any approvals and updates within a reasonable time.
3.5. You must comply with all relevant legislation and regulations in relation to the sale of your Products and Services, including, but not limited to, compliance with the Australian Consumer Law.
- 4. FACILITATOR ONLY
4.1. We are not involved in the interaction between you and your customers and clients, but only facilitate the introduction. If you have a dispute with a customer or client you must resolve it with the customer or client and you release us from all Claims arising out of or in any way connected with such disputes.
4.2. We have no obligation to monitor the content on our Subscription Service, and we are not liable for any unauthorised or unlawful content. We will use our reasonable endeavours to ensure your listing reflects the information you have provided us, but you are responsible for all pricing errors or inaccuracies in your listings.
- 5. RIGHTS IN YOUR CONTENT
5.1. When you provide us with content, including but not limited to any photos for your listing on our website, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable license to all Copyright in that content, including, but not limited to, the right to broadcast on any third party platforms. Further, you waive all Moral Rights you have in your content.
- 6. YOUR OBLIGATIONS AND CONTENT RULES
6.1. You must conduct yourself appropriately when using our Subscription Services, including being respectful and courteous to all customers and clients, and when interacting on our website.
6.2. If you provide or post any of the following content we may, at our sole discretion remove your Subscription or terminate this Agreement:
6.2.1. any illegal content including, but not limited to, and any post that breaches third party Intellectual Property Rights or offers counterfeit items;
6.2.2. any listings of adult sex products or alcohol or drugs;
6.2.3. any false or misleading content; or
6.2.4. any copying, modifying or distributing of any other business’s content without their consent.
6.3. If you consider that someone is breaching the content posting rules, please notify us at firstname.lastname@example.org promptly so that we can address the issue immediately.
6.4. Where you breach these content rules, we may delete your listing and terminate this Agreement.
- 7. FEES
7.1. We offer a Confetti and Glitter Subscription Package. You agree to pay the relevant Subscription Fee for the Subscription Period. All Fees are charged in Australian dollars. (We may, from time to time waive the Subscription Fee and make various offers, including our introductory 4 month free listings offer).
7.2. The Subscription Fees and any bank fees and payment processing fees and currency conversion fees will be charged to you, and will automatically be deducted from your nominated payment method, unless you or we cancel your Subscription in accordance with clause 11 below.
7.3. After the Subscription Period of 12 months, this Agreement continues on a monthly basis.
7.4. You authorise us to deduct all Subscription Fees and any other accrued and owing fees from your credit or debit card provided without further approval from you.
7.5. You must ensure that sufficient funds are available in your nominated account to meet any withdrawals made by us on the scheduled due dates. Where payment is defaulted or not received, you authorise us to debit any outstanding funds from your nominated account, without the need to notify you.
- 8. NO GUARANTEES
8.1. We do not guarantee the accuracy of the content on our Subscription Service. We do not guarantee that you will receive an increase in customers, clients or revenue or that any of your Products or Services will be sold.
8.2. Except as required by law, we do not warrant the quality of the Subscription Service or warrant that it will meet your expectations.
- 9. CANCELLATIONS AND REFUNDS OF YOUR PRODUCTS AND SERVICES
9.1. You must comply with the Australian Consumer Law in relation to all refunds.
- 10. MARKETING
10.1. You permit us to use any photos, videos and testimonials you post for our marketing and information purposes, or publications, exhibitions and professional awards.
10.2. You must seek our prior written consent before any publication about us.
- 11. TERMINATION AND CANCELLATION
11.1. You can request that we remove your listing at any time, and we will honour your request and remove your listing as soon as reasonably possible.
11.2. You may also terminate this Agreement and your Subscription at any time with 30 days prior written notice subject to payment of all outstanding and accrued Subscription Fees up to the date of termination. Where you are paying the Subscription Fees monthly, the Subscription Fees for the whole Subscription Period (12 months) will become immediately due and payable.
11.3. We may refuse to provide a listing to you, or anyone, for any reason, at any time. In particular, if you breach this Agreement we may immediately terminate this Agreement and remove your listing.
11.4. We can also stop offering our Subscription Services at any time, for any reason, and without notifying you. We are not responsible to you for any changes, or if we suspend or stop our Subscription Services.
- 12. LIABILITY AND INDEMNITY
12.1. Your use of, or inability to use our Subscription Services is at your sole risk. To the maximum extent permitted by law, we are not liable for any Loss or damage arising from your listing including, but not limited to, any errors or omissions in any listing, any price changes or discontinued listing services, any removal of your listing or any interruptions, or changes to our website.
12.2. To the extent which we are entitled to do so, our liability under the Australian Consumer Law will be limited, at our option to:-
- 12.2.1. the supply of equivalent listing services, eg another opportunity to create a listing; or
- 12.2.2. the refund of the Subscription Fee and Commission Fee.
12.3. In any case, our liability to you will not exceed the amount actually paid by you to us for the most recent Fee.
12.4. You agree to indemnify us, and to keep us indemnified from any Claim arising out of or in connection with your Information, your breach of this Agreement, where you provide incorrect information, any lack of results from your listing, any disclosure of your information, any further meetings or communications with any other customer or client, any breach of your Intellectual Property Rights and any direct or indirect consequences of you accessing or using the website.
- 13. IF THERE IS A DISPUTE
13.1. If a dispute arises, you acknowledge and agree that confidentiality is paramount to our reputation. At no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.
13.2. In the event of any dispute that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each party agrees to pay their own costs.
- 14. OTHER
This Agreement is to be construed in accordance with the laws of NSW, Australia, and you and we submit to the jurisdiction of the courts of NSW, Australia. This is the entire agreement between you and us, and supersedes any prior agreements, proposals and communications whether oral or written, between you and us. In the event of an inconsistency between this Agreement and other terms and conditions on our website, these Terms and Conditions prevail. No other term is to be included in this Agreement except where it is required to be included by law. The failure by us to exercise any right, or enforce any provision in these Terms and Conditions does not waive the future operation of that right or provision. In the event that a provision in this Agreement is not enforceable, such provision shall be severed from this agreement to the extent permitted by law, and the remaining provisions will remain in full force and effect. All obligations and liabilities in these Agreement survive termination of this Agreement.
- 15. SHOP
Returns and Refunds
Please take care when placing an order as we don’t offer returns or refunds for change of mind.
Should your product arrived damaged or faulty please contact us within 7 business days of receipt. You will be required to email through images of your damaged products to email@example.com
If you have received an incorrect order, please contact withing 7 business days of receipt. You will be required to email through images of your damaged products to firstname.lastname@example.org
SHIPPING AUSTRALIA WIDE
Service Cost Metropolitan Areas
(Sydney, Melbourne & Brisbane)
ACT, SA, WA, Regional NSW, VIC, QLD NT, TAS; Remote QLD, SA & WA Standard Post $10 for up to 5kgs 2-3 Business days 3-5 Business days 6-13 Business days Express Parcel $15 for orders up to 5kgs 1-2 Business days 1-4 Business days 1-5 Business Days
We offer international shipping. Estimated delivery times and costs will be calculated at checkout.
CUSTOMS DUTIES/IMPORTING TAXES
Please be aware that your parcel may incur customs duties and/or importing taxes upon arrival into your country. Please know that these charges are out of our control and we will not reimburse any of these GST, charges, duties or fees. Please check with your local authorities to confirm what custom duties and fees that you are likely to incur before purchasing to avoid any surprises.
All prices for products are listed in Australia Dollars (AUD) and subject to Australian Goods & Services Tax (GST) included in all prices.
We reserve the right to change prices at our discretion.
We accept credit card payments via Stripe including Visa, Mastercard. We also accept Apple Pay and Paypal.
- Agreement means these Terms and Conditions and all other terms and conditions and policies published or linked to on our website in future.
- Australian Consumer Law means the Competition and Consumer Act 2001 Schedule 2.
- Claim means any claim, under statute, tort, contract or negligence, any demand, award or costs.
- Commission Fee means the fee that is 10% of the sale price, or as notified to you from time to time.
- Copyright means the copyright as defined under the Copyright Act 1968 (Cth).
- Intellectual Property Rights means all copyright, trademarks, design rights, patents, trade secrets and confidential information whether registered or unregistered.
- Loss or damage means any direct, indirect, incidental, punitive, special, or consequential loss or damages of any kind, including but not limited to, any loss of profits, loss of goodwill, loss of business reputation, revenue, savings, loss of data, loss of enjoyment, virus to systems, personal injury, death, negligence, trespass, property damage and legal costs.
- Subscription Fee means the fee of $49 per month for our Confetti Subscription or $69 per month for our Glitter Subscription.
- Subscription Period means the minimum period of 12 months.
- Subscription Services means the listing services on our website, and includes the Confetti and Glitter Subscription packages more fully described on our website, and that we agree to provide to you.
- Moral Rights means all moral rights as defined under the Copyright Act 1968 (Cth).
- Representative means the nominated representative that can make decisions on your behalf.
- We, us, or our means Jessica Nerses and Annie Harutoonian t/as The Event Collective x [ ABN 44321916805] and includes any of our directors, officers, employees, agents, partners and contractors.
- Website and listing services means www.theeventcollectivex.com, and everything available on this website including, but not limited to, the listing services.
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