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1. Agreement
These Terms and Conditions form an agreement between Find What’s On Pty Ltd ACN 630 221 466 (Find What’s On, we, us or our) and the person or organisation using our website or services (you or the Customer).
By accessing findwhatson.com, creating an account or publishing a business, event, special or other listing, you agree to these Terms and Conditions. If you act for an organisation, you confirm that you have authority to bind that organisation.
2. Definitions
- Content
- Any text, images, logos, links, event details, business information, advertisements or other material that you submit to the Website.
- Customer
- A person or organisation that creates an account, publishes Content or purchases a service from Find What’s On.
- Services
- The online discovery, listing, promotion and account-management services provided through Find What’s On.
- Website
- The website at findwhatson.com and any staging, replacement or related service operated by Find What’s On.
3. Our services
Find What’s On provides an online platform where people can discover local businesses, events, activities and specials. Customers may submit Content for display on the Website, subject to review and these Terms.
We do not guarantee a particular number of views, enquiries, bookings, customers or other results from a listing. We also do not endorse or guarantee the products, services, events or statements of any Customer or third party shown on the Website.
Native ticketing
The Ticket Purchase Terms and Ticket Organiser Terms govern native ticket sales, fees, refunds and event responsibilities. The organiser supplies the event and, in the Stripe Connect direct-charge flow, is the connected payment merchant. These specific ticket rules take precedence over the general paid-feature fee and suspension provisions below for their subject matter. A pause of future sales does not automatically invalidate legitimate existing tickets or erase order, refund or acceptance records. Nothing limits non-excludable consumer rights.
4. Accounts, free listings and fees
You must provide accurate account information and keep your login details secure. You are responsible for activity carried out through your account and must tell us promptly if you believe it has been accessed without permission.
A standard account or listing may be offered free of charge. If we offer optional paid features, advertising or memberships, the price, billing period and inclusions will be shown before you purchase. Paid fees may be billed monthly, annually or for another stated term and are inclusive of GST unless we say otherwise.
Where a paid amount is overdue, we may suspend the relevant paid feature or access. Unless required by law or stated in the offer, fees are not refundable once the paid service or advertisement has started.
5. Your Content and responsibilities
You retain ownership of your Content. You grant Find What’s On a non-exclusive, worldwide, royalty-free licence to host, reproduce, format, display and promote that Content for the purpose of operating and marketing the Services.
You are responsible for submitting and maintaining your Content. You confirm that your Content is accurate and that you have all permissions needed to publish it.
Your Content must not:
- infringe copyright, trade marks, privacy, publicity or other rights;
- breach any law, regulation or court order;
- be defamatory, discriminatory, fraudulent, misleading or deceptive;
- be pornographic, obscene or inconsistent with the purpose of Find What’s On;
- promote unlawful activity or unfair competition;
- contain malware, viruses or other harmful code; or
- include information you are not authorised to disclose.
6. Review, correction and removal
We may review the Website and may edit formatting, refuse, suspend or remove Content where we reasonably believe it is inaccurate, expired, unlawful, harmful, inconsistent with the purpose of the Website or in breach of these Terms.
We may also remove a listing if we verify that the relevant business has closed or that the advertised event, product or service is no longer available. We are not required to keep expired Content online.
7. External links
You may include a link to a website you control or are authorised to promote. You confirm that the linked website and its content do not infringe third-party rights, break the law, expose Find What’s On to liability or contain unlawful or obscene material.
The Website may also link to third-party websites. We do not control those websites and are not responsible for their availability, content, security, products, services or privacy practices.
8. Availability and warranties
To the extent permitted by law, the Website and Services are supplied “as is” and “as available”. We do not guarantee continuous or uninterrupted access, error-free operation or uninterrupted display of Content. If service is interrupted, we will take reasonable steps to restore it.
Nothing in these Terms excludes any guarantee, right or remedy that cannot lawfully be excluded, including rights that may apply under the Australian Consumer Law.
9. Limitation of liability
To the extent permitted by law, Find What’s On is not liable for indirect, incidental, special or consequential loss, loss of profits, loss of business, loss of data or loss arising from reliance on Customer or third-party Content.
Where our liability can lawfully be limited, our total liability relating to a paid Service will not exceed the fees you paid for the Service giving rise to the claim. This limitation does not apply where the law does not allow it.
10. Suspension and termination
You may stop using the Services or ask us to close your account. Either party may end a paid agreement by mutual written consent, in accordance with any cancellation terms shown at purchase, or by giving 30 days’ written notice where no other cancellation period applies.
We may suspend or terminate an account or listing for a material breach. Where appropriate, we will notify you of the breach and provide 10 business days to remedy it. We may act immediately where required for safety, security, legal compliance, fraud prevention or protection of other users.
11. General terms
- Queensland law governs these Terms, and the parties submit to the courts of Queensland.
- You may not assign your agreement with us without our written consent. We may assign our rights and obligations to an affiliate or as part of a sale or restructure of the business.
- These Terms and any specific paid-service terms form the entire agreement about their subject matter.
- A failure to enforce a provision is not a waiver of the right to enforce it later.
- If part of these Terms is invalid or unenforceable, the remaining provisions continue.
We may update these Terms from time to time. The revised version will be posted on the Website with an updated date. Material changes will apply prospectively.
12. Contact us
Questions about these Terms can be sent to hello@findwhatson.com.