Events Terms & Conditions
EVENT HOST TERMS AND CONDITIONS
If You are an Event Host, You must comply with these terms and conditions (“Event Terms”). These Event Terms apply specifically to Events hosted by You as an Event Host.
These Event Terms are additional to Our General Terms and Conditions of Use and are not intended to limit any provisions of Our General Terms and Conditions of Use. Capitalised terms not otherwise defined in these Event Terms have the meanings given to them in the General Terms and Conditions of Use. In the event of any inconsistency between these Event Terms and Our General Terms and Conditions of Use, these Event Terms will apply.
- Event disclaimer
You acknowledge that Toast the Locals merely facilitates the promotion by Event Hosts of Events, dealings between Event Hosts and other Users and the sale of tickets to those Events. You agree that You are liable for the Events in respect of all things, and that the Events are not hosted, endorsed or promoted by Us and We have no control over Events. You are responsible for and We do not guarantee the quality, safety, accuracy, merchantability or legality of any Event, venue or any Content associated with an Event.
We do not warrant or represent that any Users will attend or purchase tickets to Your Event.
You understand and agree that hosting Events may carry inherent risk to patrons of the Event and venues (including risk of illness, bodily injury, disability, or death or damage to property), and by hosting an Event, You agree to assume all such risks.
- Event Host obligations
As a condition of Toast the Locals displaying an Event and providing related Services, You must:
- at the earliest practicable time (and in any case no less than seven days before the day on which We commence selling tickets for an Event), give Us all information that We reasonably require relating to the Event to which tickets are to be made available through Toast the Locals, and You represent and warrant to Us that all such information is accurate and complete;
- only use Toast the Locals for lawful purposes and only for the purpose of creating an Event;
- promoting the Event to Users and to enable Us to sell/issue tickets to that Event;
- comply with all reasonable rules, policies and procedures which We may publish from time to time in relation to Events;
- comply with all Applicable Laws in relation to the sale of tickets and the promotion and conduct of the Event;
- at the earliest practicable time (and in any event prior to submitted or promoting an Event on Toast the Locals or making any request that We offer tickets to an Event) obtain all applicable licenses, permits, and authorizations required under any Applicable Law in connection with Your Event, and such licenses, permits, and authorizations must remain valid and in force for the duration of any Event and You must promptly provide such evidence to Us of such licenses, permits, and authorizations upon request;
- comply with the terms of any such licenses, permits, and authorizations issued to You in respect of the Event under any Applicable Law;
- notify Us immediately if the Event is cancelled, altered, relocated, rescheduled or postponed;
- ensure that any refund policy and other terms and conditions (which are in addition to these Event Terms and Our General Terms and Conditions of Use) governing the Event and tickets are communicated to Users prior to purchase;
- provide refunds to Users where You are required to provide refunds (either under any Applicable Law, Our General Terms and Conditions of Use, these Event Terms or Your own terms and conditions);
- ensure that any advertising in relation to the Event and sale of tickets to the Event is accurate and not misleading in any way;
- if You submit Content in connection with the Event, You must ensure that the Content You upload or provide to Us to upload does not infringe the copyright or other rights (including Intellectual Property rights) of third parties;
- where We require You to do so (acting reasonable), You must include in Your Event advertising and merchandising references to Toast the Locals (in a form and manner approved by Us, all parties acting in good faith); and
- not supply any tickets in respect of the Event through any third party ticket provider other than Toast the Locals (for the avoidance of doubt, this does not preclude You from selling Your tickets directly through Your own channels).
You agree that We may reject any Event from being displayed or promoted on Toast the Locals in Our absolute discretion.
You are solely responsible for determining the number of tickets available for any Event. You must bear full responsibility for any claims, liabilities, losses and expenses due to over-selling or over-issuing of Tickets to the Event.
- Fees and ticket sales
Hosting an Event on Toast the Locals and the sale of tickets to the Event will be subject to payment of certain Fees by You in accordance with Our General Terms and Conditions of Use, as set out by Us on the Website or as otherwise notified to You.
- Cancellations and refunds
If an Event is cancelled or postponed, You must notify Us immediately to prevent the further sale or issue of tickets for the cancelled or postponed Event.
You are solely responsible for all costs associated with refunds in connection with an Event. You must comply with all Applicable Laws, Our General Terms and Conditions of Use and these Event Terms with respect to refunds (including the Australian Consumer Law). We are not responsible or liable for, and You indemnify Us from and against all claims, liabilities, losses and expenses that We incur that arise from, any refunds, errors in issuing refunds or lack of refunds by You.
You agree that We may charge You a cancellation fee (as determined by Us and notified to You on Our Website) in respect of the cancellation of an Event. We will notify You whether a cancellation fee applies prior to displaying the Event.
You represent and warrant to Us that:
- You are either a natural person or are duly incorporated and validly exist under the laws of Australia;
- You have full power to execute, deliver and perform Your obligations under these Event Terms;
- You have obtained (or will obtain, as the case may be), prior to submitted or promoting an Event on Toast the Locals or requesting that We offer tickets to an Event, all applicable licenses, permits, and authorizations required under any Applicable Law in connection with Your Event and such licenses, permits, and authorizations must remain valid and in force for the duration of any Event;
- You will comply with (and You must ensure that any third party associated with hosting the Event complies with) all Applicable Laws and these Terms in connection with the Event (including, without limitation, the laws and regulations applicable to the sale of wine and alcoholic beverage in the State or Territory in which the Event is held);
- the number of tickets to the Event made available for sale or issue by You does not exceed the maximum permitted capacity under any fire or council rules or regulations or other restrictions of the venue or under any Applicable Law); and
- the Event will not result in any breach of, or constitute a default under, any other agreement to which You are a party, including, any agreement for with the Event venue.
- Indemnity and release
Without limiting the indemnities provided in Our General Terms and Conditions of Use, You further agree to indemnify, defend and hold Us (and Our directors, employees and agents) harmless from and against all claims, liabilities, losses and expenses (including reasonable legal fees on a full indemnity basis) that arise from:
- the promotion or conduct of the Event;
- any damage to any property (including the Event venue), or injury or death to any person caused by Your (or Your directors, employees, contractors and agents) act or omission in connection with an Event;
- Your failure to obtain or maintain any applicable license, permit, and/or authorization required for the Event, or any act or omission in respect of such license, permit, and/or authorization;
- any fraud or fraudulent misrepresentation by You or Your directors, employees, contractors and agents;
- any breach of these Event Terms by You;
- any breach of any Applicable Law by You or in connection with the Event; and
- any transaction, dispute or other dealing between You and an Event Attendee (whether or not such dealing arose from or through Toast the Locals).
To the extent permitted by law, You irrevocably release us (and our directors, employees and agents) from any and all claims, demands and damages (direct, indirect, incidental, consequential or otherwise) of every kind and nature, known or unknown, arising out of or in any way connected with the Event.
- Default and termination
Without prejudice to any other remedies We may have (including under Our General Terms and Conditions of Use), if at any time You are in breach of any obligation (including those relating to payment) under these Event Terms, We may suspend or terminate the supply of Services to You (including removing the Event from Toast the Locals). We will not be liable to You for any loss or damage You suffer because We exercise Our rights under this clause.
We may terminate the supply of Services, Your use of Toast the Locals and remove all and any of Your Content and Events from Toast the Locals immediately if:
- an Insolvency Event occurs in relation to You or Your Related Bodies Corporate;
- You breach any of Your obligations under these Event Terms or Our General Terms and Conditions of Use; or
- You fail to pay any money due to Us when due; or
- We believe that Your conduct or that any Event that You are hosting may damage the Toast the Locals brand.
Termination of this agreement is without prejudice to accrued rights and obligations of a party and any provisions which are intended by their nature to survive termination.
You appoint Us as Your agent to sell tickets for Your Event through Toast the Locals. You acknowledge that We provide ticketing services to a range of Users, venues and promoters and that We have ongoing business dealings with other Users, venues and event promoters, and that We are in no way restricted from, and the Event Host must not interfere with, Our other business dealings. We are not obliged to disclose any confidential information of any event promoter.
You agree and acknowledge that these Event Terms (together with Our General Terms and Conditions of Use) constitute an arms-length commercial contract which sets out in full Our duties and obligations to You. You irrevocably and unconditionally release Us from any further duties or obligations which may be implied at law.
- Privacy and use of personal data
- General terms
Clauses 20 to 24 of Our General Terms and Conditions of Use apply to these Event Terms as if they were set out here in full.