March 14, 2017
Welcome to Industry Events ("IE"). We are a global industry information hub dedicated to connecting professionals from all over the world through events, training and the sharing of industry news, happenings and insight.
1. YOUR LEGAL RELATIONSHIP WITH INDUSTRY EVENTS ("IE")
1.1. IE's websites and domains, including www.industryevents.com and all of the webpages, subdomains, country level domain variants and subparts of those websites and all of our Mobile Platform Apps, including without limitation both the Apple and Android versions of the Industry Events App, and any other platforms or media including without limitation digital platforms through which Content (defined below) is displayed by IE or any of its affiliates or subsidiaries, are collectively referred to in this document as the "Site". All of the services available on or through the Site or otherwise provided by us (including our application programming interfaces, our products, tools and software) are collectively referred to in this document as the "Services". Your use of the Services is subject to the terms of a legal agreement between you and IE. "IE" means Industry Events Worldwide Pty Ltd, whose registered address is 84/75 Spofforth St, Mosman NSW 2088, Australia.
1.3. For the purposes of these Terms, Industry Events shall be referred to as "IE", "us", "we" or "our".
2. ACCEPTING THE TERMS
2.1 In order to use the Services, you must first agree to the Terms. If you will be using the Services on behalf of an entity, you agree to the Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity. If you do not have such authority, or if you do not agree to any portion of the Terms, do not use or access the Services.
2.2 You accept the Terms by:
3. LANGUAGE OF THE TERMS
3.1 Where IE has provided you with a translation of the English-language version of the Terms, you agree that the translation is provided for your convenience only and that the English-language versions of the Terms will govern your relationship with IE.
3.2 If there is any contradiction between the English-language version of the Terms and the translation, the English-language version shall prevail.
4. MODIFICATION OF THE TERMS
4.1 IE reserves the right, at its sole discretion, to modify or replace any of the terms and conditions of these Terms (or any of the agreements that constitute the Terms) at any time (collectively, the "Modifications"). Modifications to these Terms will be posted to the IE website and IE mobile applications with a change to the "Updated" date at the top of the Terms. In certain circumstances IE may provide you with additional notice of such Modifications, via email or with in-Service notifications. Modifications will be effective fourteen (14) days following the "Updated" date or such other date as communicated in any other notice to you, except that changes addressing new functions of the Services or which do not impose any additional burdens or obligations on you will be effective immediately. It is your responsibility to check the Terms regularly for Modifications. Your continued use of the Services following the effectiveness of any Modifications to the Terms constitutes acceptance of those Modifications as well. If any Modification to these Terms is not acceptable to you, you must cease accessing, browsing and otherwise using the Services. If there is a conflict between these Terms and the additional terms, the additional terms prevail. Other than as set forth in this clause, these Terms may only be modified through a written agreement, signed by you and an authorized officer of IE.
5.1 Through the Services, IE provides a simple and quick means for registered users, who may include, without limitation, event and course organizers, conference organizers, training organizations, advertisers, corporates, suppliers, planners and charitable organizations ("Event Organizers") to upload event information, including a website hyperlink for registration, speaker profiles, organizer profiles, sponsor logos, event location and other information and webpages related to their events and to promote those pages and events to visitors or browsers on the Services ("Attendees"). We refer to Event Organizers, Attendees and other visitors and browsers of the Services collectively as "Users" or "you" in this document.
6. PROVISION OF THE SERVICES BY IE
6.1 IE and its Services are constantly evolving to provide Users with the best possible experience. You acknowledge and agree that the form and nature of any of the Services that IE provides may change from time to time, without prior notice to you.
6.2 As part of this continuing evolution, you acknowledge and agree that IE may stop (temporarily or permanently) providing any of the Services (or any features within a Service) to you or to Users generally at IE's sole discretion, without prior notice to you.
6.3 You may stop using any of the Services at any time. Subject as provided herein, you do not need to inform IE when you stop using the Services.
7. USE OF SERVICES BY ALL USERS
7.1 You agree to use of the Services only for purposes that are permitted by the Terms.
7.2 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers, networks or any other information medium connected to the Services).
7.3 You agree not to (a) breach or circumvent any laws or third party rights; (b) try to access the Services using a method other than the interface and the instructions that IE provides; (c) take any action that may undermine the feedback of ratings systems; (d) distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes through the Services; (e) distribute viruses or any other technologies that may harm IE, or the interests or property of Users; (f) use any robot, spider, scraper or other automated means to access our Services for any purpose; (g) bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure; (h) export or re-export any IE application or tool except in compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions; (i) copy, modify, or distribute rights or content from our Services or IE's copyrights and trademarks; (j) copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Services without the prior express written permission of IE and the appropriate third party, as applicable; (k) commercialize any IE application or any information or software associated with such application or (l) harvest or otherwise collect information about other Users, including email addresses, without their consent.
7.4 IE may suspend or stop providing the Services to you if you do not comply with the Terms or if we are investigating suspected misconduct. Without limiting other remedies, IE may limit, suspend, or terminate any of our Services and/or User accounts, restrict or prohibit access to, and your activities on, our Services, delay or remove hosted content, remove any special status associated with an account, and take technical and legal steps to keep you from using our Services, if we consider in our sole discretion and by way of illustration only (a) you are creating problems or possible legal liabilities through use of IE's Services; (b) we consider such restrictions are necessary to improve the security of the IE community or reduce our or another IE User's exposure to financial or other liabilities; (c) you are infringing the rights of third parties; (d) you are acting inconsistently with the letter or spirit of the Terms or other policies as notified to you; (e) despite IE's reasonable endeavours, IE is unable to verify or authenticate any information you provide to IE; or (f) you fail to pay IE all fees due for IE's Services by your payment due date, if applicable.
7.5 You acknowledge and agree that if IE disables access to your account, you may be prevented from accessing any of or all of the Services, your account details or any files or other content that is contained in your account.
7.6 You agree that you are solely responsible for (and that IE has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage that IE may suffer) of any such breach.
7.7 All provisions of the Terms that by their nature should survive termination of the Terms shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, governing law and forum for legal disputes and intellectual property protections and licences).
7.8 Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
7.9 IE reserves the right to cancel unconfirmed accounts or accounts that have been inactive for a long period or modify or discontinue our Services.
8. USE OF SERVICES BY EVENT ORGANIZERS
8.1 If you are providing Content for the Services you agree to the following: (a) you are able to form legally binding contracts (for example you are 18 years of age or above), and you have not been temporarily or indefinitely suspended from using any of the Services; (b) you will not post, list or upload content or items in inappropriate categories or areas on our Services. If you have a query about where to post an item please contact us at email@example.com (c) you are responsible for event or training course management, operations, ticket sales and ticket delivery and you will not hold IE responsible for any such matter; (d) your listing may not be immediately searchable by keyword or category for several hours. We will use reasonable endeavours to ensure that your listing is available on our Services within 24 hours; (e) the appearance or placement of listings in search and browse results on the Services will depend on a variety of factors, including, but not limited to:
Accordingly, to drive a positive User experience, a listing may not appear in some search and browse results regardless of the sort order chosen by the User. Some advanced listing upgrades may only be visible on certain Services.
9. IE FEES FOR PROVIDING CONTENT
9.1 In order to incentivise Event Organizers to provide Content for the Services, IE will not charge Event Organizers or other Content providers a fee for providing Content at any time until notified in these Terms. Henceforth, IE reserves the right to charge Event Organizers and other Content providers for new listings on the Site at rates to be set out in a fee policy on the Site.
10. REDIRECTION TO THIRD PARTY SERVICES
10.1 IE may include links posted by Users or uploaded by us or automatically produce search results that reference or link to third party websites and other services throughout the World Wide Web ("Third Party Services"). Redirection to Third Party Services is for informational purposes only and should not be constituted as an endorsement of those Services, the information, views, opinions or standards they provide. IE is not responsible for the relevance or accuracy, currency and reliability of information found on those Services. To the extent permitted by law, IE cannot guarantee, represent or warrant that the content contained in Third Party Services is accurate, legal and/or inoffensive.
10.2 IE does not warrant that any Third Party Service will not contain viruses or otherwise impact your computer in a harmful or damaging way. By using the IE service to search for or link to another site, you agree and understand that you may not make any claim against IE for any damages or losses, whatsoever, resulting from your use of IE to obtain search results or to link to Third Party Services. If you have a problem with a link from the IE service, please notify us at firstname.lastname@example.org and we will investigate the problem you describe in your email and take actions that we deem are appropriate in our sole discretion.
11.1 Site Content - IE permits providers of content about industry events, training courses, insight, news, biographies and other industry related information to upload and submit information to IE, which in turn provides content for the Services. Using the Services does not give you ownership of any intellectual property rights in the Services or any of the material you access, including without limitation information, data, text, editorial content, design elements, formatting, graphics, images, photographs, videos, music, sounds, look and feel, and other content contained in or delivered via the Services or otherwise made available by IE in connection with the Services (collectively, the â€œContentâ€�). You agree that the Content contained in or delivered via the Services or otherwise made available by IE in connection with the Services is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. The Terms do not grant you the right to use any branding or logos used in our Services. You are not permitted to remove, obscure or alter any legal notices displayed in or along with our Services.
IE may own the Content or portions of the Content may be made available to IE through arrangements with third parties. The compilation of all content included in or made available through the Services is the exclusive property of IE and is protected by copyright laws. Except as expressly authorized by IE in writing or in connection with your permitted use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Content, or post any Content on any other website or in a networked computer environment for any purpose. You shall use the Content only for purposes that are permitted by the Terms and any applicable local, state, provincial, national or other law, rule or regulation. Any rights not expressly granted herein are reserved.
12.1 Content Restrictions - You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to other Users. You agree not to use the Services to: (a) upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anotherâ€™s privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize unless IE provides you with written consent to do so; (d) impersonate any person or entity, including, but not limited to, an IE representative, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services; (f) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (g) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, right of publicity or personality, or other intellectual property or proprietary rights of any person or entity; (h) upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to bona fide events listed on the Services and other goods and services being sold or provided in conjunction with such events; (i) upload, post, email, transmit or otherwise make available any Content that contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by the Terms; (j) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; (k) attempt to probe, scan or test the vulnerability of any IE server or network or breach any security or authentication measures, unless you are an authorized contractor of IE specifically engaged to provide such services; (l) attempt to avoid or circumvent any technological measure implemented by IE to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information; (m) solicit any User to use a third party service that competes with IE; (n) intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation; or (o) stalk or otherwise harass any User.
13. LEGAL TERMS GOVERNING ALL USE OF THE SERVICES
13.1 Indemnification - You agree to defend, indemnify and hold IE, and any affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneysâ€™ and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise) or investigation made by any third party (each a â€œClaimâ€�) due to or arising out of: (a) your breach of the Terms; (b) your improper use of the Services; (c) your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party; or (d) in the case of Event Organizers, your events or the fact that IE was providing Services with respect to those events, provided that in the case of (d), this indemnification shall not apply to the extent that the Claim arises out of IEâ€™s gross negligence or wilful misconduct.
IE shall provide notice to you of any such Claim, provided that the failure or delay by IE in providing such notice shall not limit your obligations hereunder except to the extent you are materially disadvantaged by such failure.
13.2 Disclaimer of Warranties - IE provides the Services using a commercially reasonable level of skill and care. We attempt to keep IE running, free of viruses and secure for use. However, IE cannot guarantee the continuous operation of or access to its Services. Event update and other notification functionality in IE's Services may not occur in real time. Such functionality is subject to delays beyond IE's control. Moreover, IE does not sell tickets on behalf of Event Organizers which means IE does not determine the ticket prices, booking fees, postage and handling fees (if posted tickets are an option) or the seating selections. The persons or entities providing Content on this Site are independent entities and are not employees, contractors, partners, or joint ventures of IE. All conferences, seminars, trade shows, exhibitions, webinars, meetings, events, training, courses, products or services listed on in the Site are subject to the terms and conditions specified by the corresponding Event Organizer. In the event that the terms and conditions of particular events are incorrect, modified, or missing on the Services you agree you understand that it is your obligation and responsibility to inform yourself of the respective Event Organizerâ€™s terms and conditions. You agree that you make use of the Services at your own risk, and that they are being provided to you on an "as is" and "as available" basis. IE expressly disclaims all warranties of any kind, express or implied, including but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For instance, IE makes no warranty that:
Other than an expressly set out in the Terms, IE does not make any specific promises or any specific commitment about the content of the Services, the specific functions of the Services, or their reliability, availability, or ability to meet your needs. By using the Services you agree that IE accepts no responsibility for: (i) the accuracy or completeness of the Content of any part of the Services including any error or omission or false or misleading information contained within the Services; (ii) any breach of warranties or representations by, or any negligence of, any person or organisation providing Content for the Services; (iii) any acts whatsoever of any person or organisation providing IE with Content including but not limited to (A) any failure to hold events or failure to adhere to dates and schedules as indicated in the Content and any loss or expense or other inconvenience which may be suffered by you as a result thereof; or (B) any failure to pay or refund any money paid for attendance at events or courses listed by IE. You acknowledge that IE has no control over and does not guarantee the quality, safety or legality of events advertised, the truth or accuracy of any Usersâ€™ (including Attendeesâ€™, Event Organizersâ€™ or other Usersâ€™) Content or listings or the ability of any User (including Attendees, Event Organizers or other Users) to perform or actually complete a transaction. IE is not affiliated with, and has no agency nor employment relationship with, any third party service provider used in conjunction with the Services, and IE has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions or any such third parties. Nothing in these Terms is intended to exclude or limit any condition, warranty, right or liability which may be lawfully excluded or limited.
13.3 Limitation of Liability - To the extent permitted by applicable laws, IE and any affiliates and subsidiaries and its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners, and employees shall not be liable under any circumstances whether in tort, contract, or otherwise, with respect to the Services or any other subject matter of the Terms for:
Notwithstanding the above and clause 13.4 below, if IE is found liable the maximum aggregate liability of IE, its payment processing partners, and licensors for all damages, losses, liability, costs and expenses, whether in tort, contract or otherwise with respect to, arising out of or related to the Services or any other subject matter of the Terms shall be limited to one hundred Australian dollars (AUD$100).
3.4 Release - IS provides a marketplace in which Attendees and Event Organizers can interact. However, IE could not function if it were held responsible for the actions or inactions of different Attendees, Event Organizers and/or third parties both on and off the Services. Therefore, as an inducement to IE permitting you to access and use the Services, you hereby agree not to hold IE responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of or your inability to use the Services including, without limitation (a) pricing, shipping or other guidance provided by IE; (b) delays or disruptions in the Services; (c) viruses or other malicious software obtained by accessing, or linking to, the Services; (d) glitches, bugs, errors, or inaccuracies of any kind in the Services; (e) damage to your hardware device from the use of any of our Services; (f) the content, actions, or inactions of third parties, including items listed using our Services or the destruction of allegedly fake items; (g) a suspension or other action taken with respect to your account or breach of the above; (h) the duration or manner in which your listings appear in search results; or (i) your need to modify practices, content, or behaviour or your loss of or inability to do business, as a result of changes to the Terms or other IE policies. Additionally, you agree to release IE and any affiliates and subsidiaries and its and their officers, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including other Users) in connection with the Services or any event listed on the Services. In addition, you waive any applicable law or statute, which says, in substance: "A general release does not extend to claims which the releasing party does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the released partyâ€�. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
13.5 Reporting Misconduct - Without limiting the other provisions of this Clause 13, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Services to email@example.com. IE may investigate the claim and take appropriate action, in its sole discretion.
14. ABOUT THE TERMS
14.1 The Terms govern the relationship between you and IE. They do not create any third party beneficiary rights.
14.2 If you do not comply with the Terms and IE does not take action immediately, this shall not be construed as IE giving up any rights that it may have such, including taking action in the future.
14.3 If a particular term within the Terms is not enforceable, this will not affect the remaining terms within the Terms.
14.4 IE is not your agent for any purpose in relation to the Terms or your use of the Services.
15.1 Legal notices must be served on IE's registered address or to the following email address: firstname.lastname@example.org. Notice will be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by email to the email address provided by you during the registration process. In such case, notice will be deemed given three days after the date of emailing.
16. LEGAL DISPUTES
16.1 If a dispute arises between you and IE, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. We strongly encourage you to first contact email@example.com to seek resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
16.2 This Agreement will be governed in all respects by the laws of New South Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and IE irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia.
16.3 For information on how to contact IE, please visit Contact Us on IE's website.
17. ADDITIONAL TERMS