1 Acceptance
(a) This platform is operated by SlideApp Pty Ltd ABN 70635 903 178 (we, our or us). It is downloadable on our mobile application, Slide, and maybe available through other addresses or channels, including our website and our application programme interfaces (Platform).
(b) This Platform is a platform where event organisers looking to promote events and offer, supply and manage tickets, guestlists, event packages, VIP offerings and bookings for nightclubs and bars (Event Organisers) and people looking for exclusive offers at nightclubs and bars (Customers) can connect and transact.
(c) By accessing and/or using the Platform you:
(1) warrant to us that you are over the age of 18 years;
(2) warrant to us that you have reviewed these Customer Terms and Conditions (Terms) and you have read our Privacy Policy (available on the Platform); and
(3) agree to use the Platform in accordance with the Terms.
(d) If you access or download our mobile application from(1) the Apple App Store, you agree to any Usage Rules set forth in the App Store Terms of Service or (2) the Google Play Store, you agree to the Android,Google Inc. Terms and Conditions including the Google Apps Terms of Service.
(e) We may use Google Maps/Earth mapping services,including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
(f) If you are an Event Organiser, our Event Organiser Terms and Conditions will apply to you.
2 Platform
(a) We provide the Platform to users (including hosting and maintaining the Platform), provide a platform for Event Organisers to promote events and offer, supply and manage tickets, guestlists, event packages, VIP offerings and bookings for events at nightclubs and bars (Offers), assist Event Organisers and Customers to form contracts for the supply and promotion of Offers and process payments (if applicable) between Event Organisers and Customers (together, the Slide Services).
(b) You understand and agree that we only make available the Platform and the Slide Services and we are not the creator, organiser or owner of any Offers on the Platform. We are not party to any agreement entered into between an Event Organiser and Customer and we have no control over the description, management, quality,safety, legality or delivery of an Offer or the conduct of Event Organisers,Customers or any other users of the Platform.
3 Account Registration
(a) You must register on the Platform and create an account (Account) to access the Platform’s features.
(b) You may only have 1 Account as an Event Organiser and 1 Account as a Customer on the Platform.
(c) When you create an Account, you will be asked to input basic contact information and choose a username and password. It is your responsibility to keep your Account details confidential. You are liable for all activity on your Account, including purchases made using your Account details.
(d) If available, you may be able to register for an Account using your Facebook or other social media network account (Social Media Account). If you sign in to your Account using your Social Media Account, you authorise us to access certain information on your Social Media Account including but not limited to your current profile photo and other basic information.
(e) You must ensure that any personal information you give to us when creating an Account is accurate and up-to-date. All personal information that you give to us will be treated in accordance with our Privacy Policy.
4 Registration
(a) You may register for a free Offer, or, for a paid Offer, as set out on the Platform (Booking Request). Any registration you make through the Platform for a paid Offer is an offer by you to purchase a particular Offer for the price notified (which includes the service fee and any other charges and taxes) at the time you register.
(b) It is your responsibility to check the registration details, including selected guestlist,tickets, booking or package, venue, time and pricing, before you submit your Booking Request.
(c) If an Event Organiser accepts your Booking Request,your registration will change from ‘pending’ to ‘active’ in your Account, your nominated payment method will be charged (if applicable) and the Booking Request will become a Booking.(d) Once a Booking has been made, we will provide you with a copy of your Booking details by email to the email address provided at the time of registration.
5 Price and Payments (Applicable to Paid Bookings Only)
(a) You must pay us the purchase price of each Offer you register for (the Price) in accordance with this clause. All amounts are stated in Australian dollars and are inclusive of Australian GST (where applicable).
(b) If the Offer specifies that you must pay the Price (or any part of the Price) online, you must pay the Price at the time you register for an Offer.
(c) If the Offer specifies that you must the Price (or any part of the Price) at the venue at the time of your Booking, then you must pay the Price set out on the Platform at the time of your Booking.
(d) You must not pay, or attempt to pay, the Price by fraudulent or unlawful means.
6 Availability and Cancellation
(a) We rely upon information from Event Organisers to revise Offers with any relevant updates, including as to the number of Offers available.
(b) We reserve the right to cancel a Booking, at any time before you have redeemed an Offer, if your registration was subject to an error on our Platform (for example, in relation to an Offer description or price). If an error occurs, we will contact you using the details you provided when you registered and we will endeavour to give you the option of purchasing the Offer at the correct price (if any) or provide you with a refund.
(c) If you request us to reprocess your Booking due to an error on your behalf, we may charge you any additional fees incurred in reprocessing your registration (including charge back fees or other fees incurred by our third party payment provider).
7 Refunds
(a) You are not entitled to a refund for change of mind or a change in personal circumstances for any paid Bookings.
(b) As a courtesy, you agree to contact the Event Organiser if you have any changes, updates or need to cancel a free Booking.
(c) You may request a refund or exchange, directly from the Event Organiser, where the Offer you registered for is cancelled, rescheduled or significantly relocated, updated or changed by the Event Organiser (and where you do not wish to use the updated Offer) or to the extent required by law (including the Australian Consumer Law).
(d) To apply for a refund or exchange, you must contact the Event Organiser directly, within a reasonable time after being notified of the Offer cancellation, rescheduling, relocation or update, and provide proof of purchase.
(e) We (and the Event Organiser) will not be liable for,or cover the costs, of any other losses incurred by you as a result of the cancellation, rescheduling, relocation or update of an event, including any travel and accommodation expenses. You must cover these yourself. We recommend you carefully consider the refund and cancellation policies of any travel,transport or accommodation you book in anticipation of attending a Booking.
8 Our Platform Is For Your Personal Use Only
(a) We’ve designed our Platform for you, as a Customer, to use personally, and not on a commercial basis. You must not use the Platform,for your commercial purposes, including, for example, to offer, supply or provide Offers for resale (whether for a premium or not) or to use Offers for advertising, promotional or other commercial purposes, including trade promotions or competitions (unless previously agreed in writing by us).
(b) If you sell an Offer or it is used in breach of these Terms,we may cancel the validity of the Offer without refund to you, and any person trying to use the Offer may not be able to redeem it.
9 Event Organiser Terms
(a) Any Offer you register for may be subject to additional terms and conditions of the Event Organiser’s particular Offer (Event Organiser Terms). The Event Organiser Terms (if any) will be made available to you on the relevant Offer before you register for an Offer on our Platform.
(b) Unless otherwise specified in the Event Organiser Terms,you may be denied entry, or removed from, a particular venue if the Event Organiser has reasonable grounds to do so, for example, if you are intoxicated,under the influence of illicit drugs, physically or verbally abuse security guards, staff or any other person at a venue, wearing inappropriate clothing,do not meet identification requirements, use recording equipment when asked not to, or are adversely impacting on the ability of other patrons to enjoy an event.
(c) If you sign up a to a guestlist using our Platform,you are not guaranteed entry into the particular event and an Event Organiser may, in their sole discretion, not allow you entry into the relevant venue.
10 Intellectual Property
(a) Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our Platform and all content on the Platform. Your use of our Platform and your use of and access to any content does not grant or transfer to you any rights, title or interest in relation to our Platform or content.
(b) You must not, without our prior written consent:
(1) copy or use, in whole or in part, any of our intellectual property;
(2) reproduce,retransmit, distribute, disseminate, sell, publish, broadcast or circulate any of our intellectual property to any third party; or
(3) breach any intellectual property rights connected with the Platform or an Offer, including(without limitation) altering or modifying any of our intellectual property;causing any of any of our intellectual property to be framed or embedded in another; or creating derivative works from any of our intellectual property.
11 Conduct We Don’t Accept
(a) When you use our Platform, we expect you to abide by a certain standard of behaviour. You must not do or attempt to do anything that is unlawful, which we would consider inappropriate or which might bring us or our Platform into disrepute. This includes:
(1) anything that would constitute a breach of an individual’s privacy (including uploading private or personal information without an individual’s consent) or other legal rights;
(2) using our Platform to defame, harass, threaten, menace or offend any person;
(3) using our Platform to sign up to multiple guestlists for events at the same time;
(4) promoting illegal or inappropriate events;
(5) interfering with any user of our Platform;
(6) infringing the intellectual property rights of others;
(7) tampering with or modifying our Platform, knowingly transmitting viruses or other disabling features, or damaging or interfering with our Platform, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere without our Platform;
(8) using our Platform to send unsolicited electronic messages; or
(9) facilitating or assisting a third party to do any of the above acts.
12 Limitations
(a) Despite anything to the contrary, to the maximum extent permitted by law, you are liable for,and agree to indemnify us and hold us harmless in respect of, any Liability that we may suffer, incur or otherwise become liable for, arising from or in connection with:
(1) any breach by you of any provision of these Terms;
(2) your use of the Slide Services in violation of these Terms;
(3) your breach of any applicable law, rule or regulation;
(4) you or any of your personnel infringing the right of any third party (including intellectual property rights); and
(5) a claim that our use or enjoyment of any part of the Slide Services infringes the rights of any third party (including intellectual property rights).
(b) Despite anything to the contrary, to the maximum extent permitted by law, we will have no liability, and you release and discharge us from all liability, arising from or in connection with any:
(1) loss of, or damage to, any Offer or any injury or loss to you or any person as a result of attending an event;
(2) information in respect of a venue listed on the Platform, including their address, contact details and opening hours;
(3) any aspect of the Event Organiser and Customer interaction, including Offers offered by Event Organisers, the description of Offers and supply of Offers;
(4) any third parties or any services, offers or events provided by third parties, including Event Organisers, suppliers, transportation or logistics providers or other subcontractors which the provision of the Platform may be contingent on, or impacted by;
(5) the Slide Services being unavailable, or any delay in us providing the Slide Services to you, for whatever reason; or
(6) breach of the Terms or any law,where caused or contributed to by any:
(7) event or circumstance beyond our reasonable control; or
(8) act or omission of you or your related parties,and, in any event, any defect, error, omission or lack of functionality or suitability (or the absence of, or reduction in, any anticipated result, outcome or benefit) with respect to an Offer or any related event.
(c) Despite anything to the contrary, to the maximumextent permitted by law:
(1) our maximum aggregate liability arising from or in connection with the Terms (including Offers,the Slide Services and/or the subject matter of the Terms) will be limited to,and must not exceed, $100; and
(2) we will not be liable to you for any loss of profit (including anticipated profit), loss of benefit (including anticipated benefit), loss of revenue, loss of business,loss of goodwill, loss of opportunity, loss of savings (including anticipated savings), loss of reputation, loss of use and/or loss or corruption of data,whether under statute, contract, equity, tort (including negligence), indemnity or otherwise.
(d) Certain legislation, including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations, may confer you with rights,warranties, guarantees and remedies relating to the provision of the Platform from us to you which cannot be excluded, restricted or modified (Statutory Rights). If the ACL applies to you as a consumer, nothing in these Terms excludes your Statutory Rights as a consumer under the ACL. You agree that our liability for the Platform provided to an entity defined as a consumer under the ACL is governed solely by the ACL and these Terms. Subject to your Statutory Rights,we exclude all express and implied warranties, and all material, work and services (including the Platform) are provided to you without warranties of any kind, either express or implied, whether in statute, at law or on any other basis.
13 Collection Notice
(a) We collect personal information about you in order to enable you to access and use the Platform, to contact and communicate with you,to send you your registration and Offer details and to respond to your enquiries and for other purposes set out in our Privacy Policy.
(b) When you register for an Offer, you consent to us and the Event Organiser using your contact details to send you functional communication relevant to your Booking. You may opt out of receiving direct marketing messages at any time. Where you opt-out we, and the Event Organiser, will continue to send you functional communications relevant to your use of the Slide Services and any event you have registered for.
(c) We may disclose that information to third party service providers who help us deliver our services (including information technology service providers, data storage, web-hosting and server providers,professional advisors, payment systems operators and our business partners) or as required by law. If you do not provide this information, we may not be able to provide the details of your Booking to you. In certain circumstances, we may disclose your personal information to third parties located, or who store data,outside Australia.
(d) Our Privacy Policy contains further information about:(i) how we store and use your personal information; (ii) how you can access and seek correction of your personal information; (iii) how you can make a privacy-related complaint; and (iv) our complaint handling process.
(e) By providing personal information to us, you acknowledge we will collect, hold, use and disclose your personal information in accordance with our Privacy Policy.
14 Termination
(a) You may cancel your Account and terminate these Terms at any time by contacting us using the details below. No refunds will be made upon cancellation.
(b) At our sole discretion, we may suspend your Account or terminate these Terms immediately if you are in breach of these Terms, any applicable laws or third-party rights and/or we receive repeated complaints about your behaviour from Event Organisers or you repeatedly register for Offers and do not use them.
(c) We may also terminate these Terms without cause by giving you 30 days’ notice.
15 General
(a) Disputes: Neither party may commence court proceedings relating to any dispute arising from, or in connection with, these Terms without first meeting with a senior representative of the other party to seek (in good faith) to resolve that dispute (unless that party is seeking urgent interlocutory relief or the dispute relates to compliance with this clause).
(b) Notices: Any notice given under these Terms must be in writing addressed to us at the details set out below or to you at the details provided when registering for an Offer. Any notice may be sent by standard post or email, and will be deemed to have been served on the expiry of 48 hours in the case of post, or at the time of transmission in the case of transmission by email.(c) Waiver: Any failure or delay by a party in exercising a power or right (either wholly or partly) in relation to these Terms does not operate as a waiver or prevent a party from exercising that power or right or any other power or right. A waiver must be in writing.
(d) Relationship of parties: These Terms are not intended to create a partnership,joint venture or agency relationship between the parties.
(e) Photographs:If you provide us with photographs from a Booking, you consent to us publishing such photographs and details (including but not limited to your name, location and date) for our marketing purposes, including on the Platform and social media.
(f) Severance: If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or that part of that provision)will be severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions.
(g) Assignment:
You must not assign any rights or obligations under these Terms, whether in whole or in part, without our prior written consent.
(h) Entire agreement:The Terms contain the entire understanding and agreement between you and us in respect of their subject matter.
(i) Amendment: We may, at any time and at our discretion, vary these Terms by publishing varied terms on the Platform.Prior to registering for an Offer, we recommend you carefully read the terms that are in effect at that time to ensure you understand and agree to them. For any Booking you make, the terms and conditions that apply will be the ones that were in effect (and which you agreed to) when you registered for an Offer.
(j) Governing law: These Terms are governed by the laws of Victoria. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts. The Platform may be accessed in Australia and overseas. We make no representation that the Platform complies with the laws (including intellectual property laws) of any country outside of Australia. If you access the Platform from outside Australia, you do so at your own risk and are responsible for complying with these laws in the place you access the Platform.
For any questions and notices, please contact us at:
SlideApp Pty Ltd
ABN 70 635 903 178
Email: support@slideapp.com.au
Last update: 05 December 2019