Terms & Conditions - Sydney Events | ImGoingOut

Introduction

Please read these Terms of Use (“Agreement”) carefully, as it constitutes legally binding terms and conditions and applies to your use of Services, whether you are accessing the Services via a wireless or mobile device, a tablet a personal computer or any other technology or device (each, a “Device”). If you are entering into this Agreement in connection with our website or any other media, you hereby represent to imgoingout.com.au that you are authorized to and hereby do bind yourself to this Agreement. Any references herein to “you” and “your” will refer to both you any other representation of yourself, as applicable. This Agreement shall remain in full force and effect while you use the Services and does not cover other services, websites or content made available by any other company or third party, unless specifically stated. From time to time, we may modify this Agreement. We recommend that you check back frequently and review this Agreement regularly so you are aware of the most current rights and obligations that apply to you. Your use of the Services following the posting or other notification of such changes will signify your agreement to be bound by the changes.

By using the Services you expressly agree to comply with this Agreement and any additional terms and conditions that we provide to you, including in connection with your use of other products and services we may offer or make available to you (“Additional Terms”). The Services may also provide rules of participation for certain activities and services, including contests, sweepstakes and other initiatives (“Rules”). The Services’Privacy Policy, the Additional Terms and the Rules are hereby incorporated into this Agreement by reference as though fully set forth herein. Any capitalized terms that are not defined in this Agreement shall have the meaning ascribed in the Privacy Policy, Additional Terms and Rules, as applicable.

Services

The Services allow registered users to access certain features, functionality, information and services provided by us and/or our affiliates, which may include the ability to access personalized information and content regarding certain artists and bands, such as notifications and recommendations regarding live concerts, performances, events, tickets, audio-visual content and other related products and services.

Personal Information

We respect your privacy and the use and protection of your personally identifiable information. Our information collection and use policies with respect to the privacy of such Personal Information are set forth in the Privacy Policy. We encourage you to read the Privacy Policy, and to use it to help make informed decisions regarding the collection, use and disclosure of your personal information. You acknowledge and agree that you are solely responsible for the accuracy and content of Personal Information.

Fee-Based Services

We may make available certain fee-based content and other e-commerce services on and/or in connection with the Services or through third party service providers (“Fee-Based Services”). For example, you may be able to purchase event tickets or order certain music-related products and/or licenses through the Services or third party service providers, including additional Services features and functionality. You acknowledge and agree that certain Fee-Based Services may utilize third party service providers (e.g., Ticketmaster, Apple, etc.), and all purchases made through these third party service providers are subject to their respective terms and conditions, and in the event of a conflict between such third party’s terms and conditions and this Agreement, the terms and conditions of the third party service provider shall govern and control. Imgoingout.com.au is not responsible and has no liability whatsoever for goods or services you obtain through our third party service providers or other web sites or web pages. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

You may only use the Fee-Based Services if, and you hereby represent, warrant and agree that, (a) you are 18 years of age or older and (b) you shall pay in full the prices and fees (including all applicable taxes) for any purchases you, or anyone using the User Account registered to you, make via PayPal, credit, debit or charge card or other payment means. If a transaction has been declined online due to payment card or other payment service issues, please ensure all data is correct and resubmit. If the transaction is not accepted, you will be unable to use that card or payment method for your transaction and should use another card or payment method acceptable to imgoingout.com.au and/or third party services providers, as applicable.

Imgoingout.com.au or any of its third party service providers does not guarantee that product descriptions or other content will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Services do not imply our or any of our affiliates' endorsement of such products. Imgoingout.com.au and its third party operational service providers reserve the right, with or without prior notice, (i) to change the product descriptions, images, and references, (ii) to limit the available quantity of any product, (iii) to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions, (iv) to bar any user from conducting any or all transaction(s) and (v) and/or to refuse to provide any user with any product. Prices and availability of any product and/or service are subject to change without notice.

Third Party Platforms, Services and Content

The Services may include links to or otherwise allow you to access URLs, hyperlinks, third party websites or third party materials, including Third Party Platforms (collectively, “Third Party Services”). The inclusion of such Third Party Services does not constitute an endorsement by imgoingout.com.au, its affiliates, or any of its or their respective successors, assigns and representatives, or any association in connection therewith. We do not verify, endorse, or have any responsibility for Third Party Services and any third party business practices, whether the Services', imgoingout.com.au’s or its affiliates’ logos, marks, names and/or sponsorship or other identification is on the Third Party Services. We will not have any responsibility or liability for any loss or damage caused by or related to your use of any Third Party Services. Therefore, we encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service you use.

Advertisements

From time to time, you may choose to communicate with, interact with, or obtain Third Party Services from our advertisers, sponsors, or other promotional partners (collectively, “Advertisers”) found on or through the Services or via a hyperlinked website, service or platform. All such communication, interaction and participation is strictly and solely between you and such Advertisers and we shall not be responsible or liable to you in any way in connection with these activities or transactions.

Promotions, Contests, and Sweepstakes

From time to time, imgoingout.com.au, or the Services’ operational service providers, Artists, suppliers, partners, and Advertisers may conduct promotions and other activities on, through or in connection with the Services, including contests and sweepstakes (collectively, “Promotions”). Each Promotion may have Additional Terms and/or Rules which shall be posted or otherwise made available to you in connection therewith.

To the extent that an Artist/Group/Club/Venue offers any Promotions on or through imgoingout.com.au the offering party agrees to abide by the terms and conditions of the applicable Third Party Platforms and to indemnify imgoingout.com.au for any claims in connection with its offering.

Assignment

This Agreement, and any rights, licenses and privileges granted herein, may not be transferred or assigned by you, but may be assigned or transferred by imgoingout.com.au without restriction, notice or other obligation to you.

Indemnity

You agree to indemnify, defend and hold imgoingout.com.au, its affiliates, and parent company, and their respective successors and assigns, directors, officers, employees, representatives, agents, licensors, Advertisers, partners, suppliers and service providers harmless from any and all claims, liabilities, damages, losses, costs and expenses (including reasonable attorneys’ fees), arising in any way out of or in connection with (a) your breach or violation this Agreement or any applicable law, (b) any third party claims regarding your use of the Services, including the Nightclub Guestlist service, and/or (b) your User Postings. Imgoingout.com.au reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you and all negotiations for its settlement or compromise, and you agree to fully cooperate with us upon our request.

DISCLAIMER AND LIMITATIONS OF LIABILITY

THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND USER POSTINGS MADE AVAILABLE ON, THROUGH OR IN CONNECTION THEREWITH, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SERVICES WILL BE AVAILABLE FOR USE, OR THAT ANY PRODUCTS, FEATURES, FUNCTIONS, SERVICES OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS RELATING TO THE SERVICES, AND ALL CONTENT, PRODUCTS, SERVICES AND POSTINGS ARE HEREBY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE SERVICES. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE SERVICES, INCLUDING POSTINGS AND CONTENT ASSOCIATED WITH YOUR USE OF THE SERVICES. FURTHER, WITHOUT LIMITING THE FOREGOING, IMGOINGOUT.COM.AU, ITS AFFILIATES, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS MAKE NO REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SERVICES, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, MADE IN CONNECTION WITH PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU IN CONNECTION WITH THE SERVICES, INCLUDING CORRESPONDENCE WITH COMPANY OR ITS AGENTS OR OTHERWISE.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW IMGOINGOUT.COM.AU, ITS AFFILIATES, PARENT COMPANY, SUCCESSORS AND ASSIGNS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, PARTNERS, SERVICE PROVIDERS, ADVERTISERS AND SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SERVICES OR FROM THIS AGREEMENT, INCLUDING COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THE CAPACITY OF THE SERVICES, IN THE AGGREGATE AND FOR EACH USER, IS LIMITED. CONSEQUENTLY, SOME MESSAGES, CONTENT AND TRANSMISSIONS, INCLUDING USER POSTINGS, MAY NOT BE PROCESSED IN A TIMELY FASHION OR AT ALL, AND SOME FEATURES OR FUNCTIONS MAY BE RESTRICTED OR DELAYED OR BECOME COMPLETELY INOPERABLE. AS A RESULT, YOU ACKNOWLEDGE AND AGREE THAT COMPANY ASSUMES NO LIABILITY, RESPONSIBILITY OR OBLIGATION TO TRANSMIT, PROCESS, STORE, RECEIVE OR DELIVER TRANSACTIONS OR USER POSTINGS OR FOR ANY FAILURE OR DELAY ASSOCIATED WITH ANY USER POSTINGS AND YOU ARE HEREBY EXPRESSLY ADVISED NOT TO RELY UPON THE TIMELINESS OR PERFORMANCE OF THE SERVICES FOR ANY TRANSACTIONS OR USER POSTINGS. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CERTAIN LIMITATIONS ON DAMAGES AND REMEDIES, ACCORDINGLY SOME OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED IN THIS AGREEMENT MAY NOT APPLY TO YOU.

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