Social List Terms of Use of Services, Smartphone App and Website

 

The following Terms of Use regulate the use of the Social List Services, the Social List Website and Social List Smartphone App.  This is a contract between you, the user of our Services, the Website and/or the Social List Smartphone App, and Social List.

 

1. General

 

1.1 These Terms of Use of Services, Website and Social List Smartphone App (the Terms of Use) govern your use of our Services and the Website/Social List Smartphone located at www.sociallist.com.au (the Website) and forms a binding contractual agreement between you, the user of our Services and Website and us, Socialist Events Pty Ltd t/as Social List, the provider of the Services and the owner and operator of the Website and Smartphone App (Social List, us, our or we).  

 

1.2 These Terms of Use are important and you should ensure that you read them carefully.  If you have any questions regarding the use of our Services or the Website, please contact us at info@sociallist.com.au.   By using our Services and/or the Website you acknowledge and agree that you have understood these Terms of Use and you agree to be bound by them. If you do not agree to these Terms of Use, please do not use our Services or the Website.

 

1.3 Social List acts as an agent for registered Website users to purchase tickets to events such as concerts, bars, restaurants, sporting events and other experiences across Australia from event or experience organisers (the Services).   

 

1.4 You acknowledge by using our Services and the Website that you and Social List are independent contractors and no agency, partnership, joint venture, employee-employer or franchisee-franchisor relationship is created or intended by these Terms of Use or by your use of the Website or our Services.

 

1.5 You acknowledge and agree that our role is strictly limited to providing the Services and we in no way guarantee the description, performance or delivery of the Services or any event or experience listed on the Website in any respect or manner whatsoever.

 

1.6 Information on the Website is general information only. Social List and its directors, agents or employees do not accept and are by these Terms of Use released by you of any liability to you arising (whether directly or indirectly) out of the information provided on the Website or anyone else through the Website or any errors in, or omissions from information on the Website.

 

1.7 Users of the Website must be in Australia and over the age of 18 and must be a natural person or a person whom represents a business entity.

 

1.8 Any commercial use of the Website by you requires the prior written approval of Social List.

 

1.9 These Terms of Use must be read in conjunction with any other notices, disclaimers, terms or conditions and policies displayed elsewhere on the Website or provided by us to you from time to time.

 

1.10 Social List reserves the right to change these Terms of Use, the Website or content contained with the Website at any time with or without any notice to you nor giving any explanation for such change.

 

1.11 Social List does not provide any advice and gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked to any user of the Website.

 

1.12 By operating the Website and providing the Services Social List does not assume a duty of care to users of the Website or users of the Services.  We do not provide any professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked website detailed on the Website.

 

1.13 Social List is not and will not be liable under any circumstances for any damages of any kind recognised by law which are the consequence of any user acting, or failing to act, on any information contained on or referred to on the Website or through the failure or incorrect use of our Services.

 

1.14 You will at all times indemnify and keep indemnified Social List and its respective officers, employees and agents (referred to as those indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of those indemnified arising from any claim, demand, suit, action or proceeding by any person against any of those indemnified where such loss or liability arose out of, in connection with or in respect of any breach of these Terms of Use by you or the use of the Website.

 

1.15 The Website may contain links to other sites.  We cannot control any information on these sites and are not responsible for any information contained on those sites or the privacy practices or terms of use of those sites.

 

1.16 All personal information you provide to Social List will be treated in accordance with our Privacy Policy www.sociallist.com.au/privacypolicy.

 

2. Website/Social List Smartphone App Users (the Website)

 

2.1 You acknowledge that the Website is a platform that allow users to use our Services.

 

2.2 You warrant to us that by using the Website or the Services that:

a. you are over the age of 18 years;

b. you enter into these terms and conditions in your personal capacity or as a representative of a business; and

c. you are legally authorised to enter into these Terms of Use in your personal capacity.

 

2.3 By using the Services on the Website you may purchase tickets to an event as specified on the Website.  Social List does not guarantee that even where you are sold tickets to an event that those tickets are guaranteed and the event may not in fact be able to accommodate you in accordance with the specifications listed on the tickets or on the Website or at all. You acknowledge that by listing the Services on the Website Social List does not guarantee the performance or bona fides of any tickets sold on the Website and where tickets do not comply with the ordered specifications Social List will refund the tickets in accordance with its refunds policy set out below.  

 

2.4 You acknowledge that any information on the Website may contain errors and Social List does not warrant that any information provided on the Website is accurate or error free.   

 

2.5 You acknowledge that any disputes between you as a user of the Website in respect to any event listed as part of the Services by an event or experience orgnaniser must be resolved between yourselves.  Social List acts as an agent only between you and the event or experience organiser and cannot and will not resolve any disputes between you and any event or experience organiser for any reason.

 

2.6 By using the Website you authorise and consent to the sharing of your contact details with any event organiser that engages our Services and the Website administrator(s) who may contact you by electronic communication and telephone in relation to the provision of the Services.

 

2.7 Social List and its authorised representatives may gather and process any information which you provide when accessing the Website which may include personal information.  Please see our Privacy Policy for further details on how we manage your personal information.

 

2.8 Social List may use any information provided by you on the Website to engage in direct marketing to you in any medium.  

 

2.9 Social List may at any time change or modify its Services. We will use all reasonable efforts to notify you of such changes or modifications in a timely manner.

 

2.10 As a condition of your use of the Website or any service provided by Social List, you warrant to Social List that you will not use the Website or any Social List service for any purpose that is prohibited by the Terms of Use or that is illegal or unlawful.  You agree to abide by all applicable laws and regulations in the provision of Services to users of the Social List Website. For the avoidance of doubt, Social List shall have no liability whatsoever in respect of any service provided to you, your representatives or other third parties, to users of the Website.

 

2.11 You are responsible for making all arrangements necessary for you to have access to the Services and the Website. You are also responsible for ensuring that all persons who access the Services and the Website through your account are aware of these Terms of Use and that they comply with them.

 

2.12 Social List is not and will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law which are the consequence of any user acting, or failing to act, on any information contained on or referred to on the Website, any newsletter provided by Social List, or through the failure or incorrect use of the Services.

 

2.13 Social List and its authorised representatives may gather and process any information which you provide when accessing the Website which may include personal information.  Please see our Privacy Policy for further details on how we manage your personal information.

 

2.14 Social List may share your contact details with a business or individuals introduced through the use of the Services.

 

3. Registered Users

 

3.1 Website users or users of our Services may register on the Website.  Registered users will have access to greater information and will receive superior service.  Registered users may also receive promotional or other benefits.

 

3.2 Upon acceptance of your application to be a registered user, you may be issued with a username and/or a password.

 

3.3 You may terminate your registered user subscription with Social List at any time by emailing Social List at info@sociallist.com.au.

 

3.4 Social List may, at its absolute discretion, refuse to allow any person to register an account with Social List or cancel or suspend any existing account without notice or without giving any explanation.  

 

4. User Comments and Social Media

 

4.1 Registered users may provide comments and feedback on the Services, including comments and feedback on events or experiences listed on the Website. Social List may also operate social media pages such as Facebook.

 

4.2 You as a user of the Website and any social media page controlled by Social List warrant to Social List that any postings and comments made by you will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Website. You agree that you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. Social List take no responsibility and assume no liability for any comments posted by you or any third-party.

 

4.3 If you provide any postings on the Website or any social media page controlled by Social List such as reviews or other statements or opinions you acknowledge that that we may, but have no obligation to, monitor, edit or remove such content that we determine in our absolute discretion are unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.

 

5. Newsletters

 

5.1 Social List compiles and distributes a newsletter which is sent to registered users on a regular basis.  

 

5.2 Registered Members may opt out from receiving newsletters by notifying Social List by email at info@sociallist.com.au.

 

6. Fees

 

6.1 All payments made by registered users to purchaser tickets to attend events or experiences must be purchased on the Website.  Social List may use third party payment processing partners to process these transaction as agent for their agent.

 

6.2 Social List does not charge a commission on these fees to the user.  Social List charges fees to the event or experience organisers and these fees will be absorbed into the ticket or registration price.  Fees charged to users may include charges, including without limitation, facility fees, royalties, taxes and processing fees.

 

6.3 Social List does not control any fees levied by your bank and/or credit card provider, including fees for purchasing tickets.  You should check with your bank or credit card provider prior to engaging in a transaction to understand all applicable fees and credit card surcharges.

 

6.4 The refund policies of event or experience organisers set forth prevent Social List from issuing refunds after a booking for tickets are placed. If a refund or exchange is requested by a user, such refund will be fully processed by Social List in accordance with these Terms of Use.  The value of value of any refund which may includes any fees or charges set out in our agreements with event and experience organisers. For example, a penalty may apply to the face value of the tickets sold in the cases that the event is cancelled within 24 hours before the starting time and this will be deduced from any refund. You should contact Social List to request any refund and speak with our customer service representatives.

 

6.5 In case of a postponed event, change of venue or significant change to event or line-up, or where you don’t receive the correct tickets to an event or experience you have ordered or as is detailed in the Website, users are required to contact Social List as soon as practicable to obtain a refund.

 

6.6 There are generally no refunds for a breach by you of these Terms of Use.

 

7. Customer Support & Complaints Policy

 

7.1 Social List will attempt to resolve any customer complaints and answer any questions within 2 business days of the first contact made by a customer by email to: info@sociallist.com.au.

 

8. Governing Terms

 

8.1 If any part of these Terms of Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Use and the severed part will not affect the validity and enforceability of any remaining provisions.

 

8.2 These Terms of Use are governed by and interpreted in accordance with the law of New South Wales, Australia, without giving effect to any principles of conflicts of laws.

 

8.3 You agree to the jurisdiction of the courts of New South Wales to determine any dispute arising out of these Terms of Use.

 

9. Disclaimer of Liabilities

 

9.1 Social List does not warrant, guarantee or make any representation that:

a. the Website is free of software viruses;

b. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and

c. errors and defects in the Website will be corrected.

 

9.2 Social List is not liable to you for:

a. errors or omissions in the Website;

b. delays to, interruptions of or cessation of the Website; and

c. offensive or illegal conduct of any user of the Website or our Services, whether caused through our negligence, our employees or independent contractors, or through any other cause.

 

9.3 You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

 

9.4 You agree to indemnify and hold harmless Social List and all its related parties, associates and authorised representatives from all claims, demands, liabilities, losses, damages and expenses (including without limitation reasonable legal fees and expenses), arising from or in connection with the use of the Website or our Services.

 

10. Intellectual Property
 

10.1 The brand names, slogans, trademarks, service marks, designs, and logos used on the Website, including without limitation the Social List business name and logo, are the trademarks of Social List.

 

10.2 You further agree not to use any domain name, trademark, trade name, service mark, logo, or other materials confusingly similar to the trademarks without our prior written consent.

 

10.3 All information and materials published, transmitted, or otherwise available on the Website or through the provision of our Services are protected by copyright or trademarked (as applicable), and owned or controlled by Social List, its licensors, or affiliated companies.

 

10.4 You shall abide by all copyright and trademark notices, limitations, and restrictions applicable to Social List. Without limiting the foregoing, no content owned by us may be copied, reproduced, republished, reused, uploaded, downloaded, posted, or transmitted, other than through the Website or the provision of our Services in accordance with its intended use.

 

10.5 The software, hardware, and other technologies which Social List uses to deliver the Services contain confidential and proprietary information, trade secrets, and other property rights belonging to Social List and its licensors, and all rights to the Social List technologies and all property rights related to its Services shall remain exclusively with Social List and its applicable licensors.

 

11. Technical Difficulties

 

If you experience technical difficulties in relation to this Website, please email: info@sociallist.com.au.

 

12. Contacting Us

 

Our contact details are:  

 

info@sociallist.com.au


 

These Terms are dated 10/10/2018.

 

The material on the Website is copyright © 2018 Socialist Events Pty Ltd t/as Social List.